26 C.F.R. § 1.669(f)-1A Character of capital gain.
Title 26 - Internal Revenue
Amounts distributed as a capital gain distribution and the taxes attributable thereto (determined under §1.665(d)–1A(c)) retain the character that the gain had with respect to the trust. Thus, a capital gain that was taxed to the trust as a “long-term” capital gain and the pro rata amount of taxes attributable to such long-term gain shall be treated to the beneficiary as a “long-term” capital gain when they are deemed distributed as part of a capital gain distribution. If a trust has different types of capital gain for the same taxable year, and all of the capital gains are not deemed distributed for such year under section 669(a), the amount deemed distributed from such year (including taxes deemed distributed) shall be treated as consisting of the different types of gains in the ratio that the total of each such type of gains of the trust bears to the total of all such gains for the taxable year. For example, assume that in 1975 a trust had net long-term capital gains of $4,000 and net short-term capital gains of $2,000. Taxes attributable to such undistributed capital gain were $700. Therefore, undistributed capital gain for 1975 is $5,300. In 1980, the trust distributes $2,650 that is deemed to be undistributed capital gain from 1975. Such distribution is deemed to consist of long-term gain of $1,766.67 and short-term gain of $883.33. The taxes deemed distributed of $350 consist of long-term gain of $233.33 and short-term gain of $116.67. [T.D. 7204, 37 FR 17157, Aug. 25, 1972]
Title 26: Internal Revenue
PART 1—INCOME TAXES
treatment of excess distributions of trusts applicable to taxable years beginning before january 1, 1969
§ 1.669(f)-1A Character of capital gain.
