§ 1.1402(f)-1 Computation of partner's net earnings from self-employment for taxable year which ends as result of his death.
(a) Taxable years ending after August 28, 1958—(1) In general. The rules for the computation of a partner's net earnings from self-employment are set forth in paragraphs (d) to (g), inclusive, of § 1.1402(a)-2. In addition to the net earnings from self-employment computed under such rules for the last taxable year of a deceased partner, if a partner's taxable year ends after August 28, 1958, solely because of death, and on a day other than the last day of the partnership's taxable year, the deceased partner's net earnings from self-employment for such year shall also include so much of the deceased partner's distributive share of partnership ordinary income or loss (see subparagraph (3) of this paragraph) for the taxable year of the partnership in which his death occurs as is attributable to an interest in the partnership prior to the month following the month of his death.
(2) Computation.
(i) The deceased partner's distributive share of partnership ordinary income or loss for the partnership taxable year in which he died shall be determined by applying the rules contained in paragraphs (d) to (g), inclusive, of § 1.1402(a)-2, except that paragraph (e) shall not apply.
(ii) The portion of such distributive share to be included under this section in the deceased partner's net earnings from self-employment for his last taxable year shall be determined by treating the ordinary income or loss constituting such distributive share as having been realized or sustained ratably over the period of the partnership taxable year during which the deceased partner had an interest in the partnership and during which his estate, or any other person succeeding by reason of his death to rights with respect to his partnership interest, held such interest in the partnership or held a right with respect to such interest. The amount to be included under this section in the deceased partner's net earnings from self-employment for his last taxable year will, therefore, be determined by multiplying the deceased partner's distributive share of partnership ordinary income or loss for the partnership taxable year in which he died, as determined under subdivision (i) of this subparagraph, by a fraction, the denominator of which is the number of calendar months in the partnership taxable year over which the ordinary income or loss constituting the deceased partner's distributive share of partnership income or loss for such year is treated as having been realized or sustained under the preceding sentence and the numerator of which is the number of calendar months in such partnership taxable year that precede the month following the month of his death.
(3) Definition of “deceased partner's distributive share”. For the purpose of this section, the term “deceased partner's distributive share” includes the distributive share of his estate or of any other person succeeding, by reason of his death, to rights with respect to his partnership interest. It does not include any share attributable to a partnership interest which was not held by the deceased partner at the time of his death. Thus, if a deceased partner's estate should acquire an interest in a partnership additional to the interest to which it succeeded upon the death of the deceased partner, the amount of the distributive share attributable to such additional interest acquired by the estate would not be included in computing the “deceased partner's distributive share” of the partnership's ordinary income or loss for the partnership taxable year.
(4) Examples. The application of this paragraph may be illustrated by the following examples:
Example (1).
B, an
individual who files his
income tax returns on
the calendar year basis, is a
member of
the ABC
partnership,
the taxable year of which ends on June 30. B dies on October 17, 1958, and his
estate succeeds to his partnership interest and continues as a
partner in its own right under local law until June 30, 1959. B's distributive share of
the partnership's
ordinary income, as determined under paragraphs (d) to (g), inclusive, of
§ 1.1402(a)-2, for
the taxable year of
the partnership ended June 30, 1958 is $2,400. His distributive share, including
the share of his
estate, of such
partnership's
ordinary income, as determined under paragraphs (d) to (g), inclusive, of
§ 1.1402(a)-2 (with
the exception of paragraph (e)), for
the taxable year of
the partnership ended June 30, 1959 is $4,500.
The portion of such $4,500 attributable to an
interest in
the partnership prior to
the month
following the month in which he died is $4,500 × 4/12 (4 being
the number of months in
the partnership taxable year in which B died which precede
the month
following the month of his death and 12 being
the number of months in such
partnership taxable year in which B and his
estate had an
interest in
the partnership) or $1,500.
The amount to be included in
the deceased
partner's
net earnings from self-employment for his last
taxable year is $3,900 ($2,400 plus $1,500).
Example (2).
If in the preceding example B's estate is entitled to only $1,000, the amount of B's distributive share of partnership ordinary income for the period July 1, 1958 through October 17, 1958, such $1,000 is considered to have been realized ratably over the period preceding B's death and will be included in B's net earnings from self-employment for his last taxable year.
Example (3).
X, who reports his income on a
calendar year basis, is a
member of a
partnership which also reports its income on a
calendar year basis. X dies on June 30, 1959, and his
estate succeeds to his partnership interest and continues as a
partner in its own right under local law. On September 15, 1959, X's
estate sells
the partnership interest to which it succeeded on
the death of X. X's distributive share of
partnership income for 1959 is $5,500. $600 of such
amount is X's share of
the gain from
the sale of a capital asset which occurs on May 1, 1959, and $400 of such
amount is
the estate's share of
the gain from
the sale of a capital asset which occurs on July 15, 1959.
The remainder of such
amount is income from
services rendered. X's distributive share of
partnership ordinary income for 1959, as determined under paragraphs (d) to (g), inclusive, of
§ 1.1402(a)-2 (with
the exception of paragraph (e)), is $4,500 ($5,500 minus $1,000).
The portion of such share attributable to an
interest in
the partnership prior to
the month
following the month of his death is $4,500 × 6/8.5 (6 being
the number of months in
the partnership taxable year in which X died as precede
the month
following the month of his death and 8.5 being
the number of months in such
partnership taxable year in which X and his
estate had an
interest in
the partnership) or $3,176.47.
(b) Options available to farmers—(1) Special rule. In determining whether the optional method available to a member of a farm partnership in computing his net earnings from self-employment may be applied, and in applying such method, it is necessary to determine the partner's distributive share of partnership gross income and the partner's distributive share of income described in section 702(a)(9). See section 1402(a) and § 1.1402(a)-15. If section 1402(f) and this section apply, or may be made applicable under section 403(b)(2) of the Social Security Amendments of 1958 and paragraph (c) of this section, for the last taxable year of a deceased partner, such partner's distributive share of income described in section 702(a)(9) for his last taxable year shall be determined by including therein any amount which is included under section 1402(f) and this section in his net earnings from self-employment for such taxable year. Such a partner's distributive share of partnership gross income for his last taxable year shall be determined by including therein so much of the deceased partner's distributive share (see paragraph (a)(3) of this section) of partnership gross income, as defined in section 1402(a) and paragraph (b) of § 1.1402(a)-15, for the partnership taxable year in which he died as is attributable to an interest in the partnership prior to the month following the month of his death. Such allocation shall be made in the same manner as is prescribed in paragraph (a)(2) of this section for determining the portion of a deceased partner's distributive share of partnership ordinary income or loss to be included under section 1402(f) and this section in his net earnings from self-employment for his last taxable year.
(2) Examples. The principles set forth in this paragraph may be illustrated by the following examples:
Example (1).
X, an
individual who files his
income tax returns on a
calendar year basis, is a
member of
the XYZ farm
partnership,
the taxable year of which ends on March 31. X dies on May 31, 1967, and his
estate succeeds to his partnership interest and continues as a
partner in its own right under local law until March 31, 1968. X's distributive share of
the partnership's
ordinary income, determined under paragraphs (d) to (g), inclusive, of
§ 1.1402(a)-2, for
the taxable year of
the partnership ended March 31, 1967, is $1,600. His distributive share, including
the share of his
estate, of such
partnership's ordinary
loss as determined under paragraphs (d) to (g), inclusive, of
§ 1.1402(a)-2 (with
the exception of paragraph (e)), for
the taxable year of
the partnership ended March 31, 1968, is $1,200.
The portion of such $1,200 attributable to an
interest in
the partnership prior to
the month
following the month in which he died is $1,200 × 2/12 (2 being
the number of months in
the partnership taxable year in which X died which precede
the month
following the month of his death and 12 being
the number of months in such
partnership taxable year in which X and his
estate had an
interest in
the partnership) or $200. X is also a
member of
the ABX farm
partnership,
the taxable year of which ends on May 31. His distributive share of
the partnership loss described in section 702(a)(9) for
the partnership taxable year ending May 31, 1967, is $300. Section 1402(f) and this section do not apply with respect to such $300 since X's last
taxable year ends, as a
result of his death, with
the taxable year of
the ABX
partnership. Under this paragraph
the $200
loss must be included in determining X's distributive share of XYZ
partnership income described in section 702(a)(9) for
the purpose of applying
the optional method available to farmers for computing
net earnings from self-employment. Further,
the resulting $1,400 of income must be aggregated, pursuant to paragraph (c) of
§ 1.1402(a)-15, with
the $300
loss, X's distributive share of ABX
partnership loss described in section 702(a)(9), for purposes of applying such
option.
The representative of X's
estate may
exercise the option described in paragraph (a)(2)(ii) of
§ 1.1402(a)-15, provided
the portion of X's distributive share of XYZ
partnership gross income for
the taxable year ended March 31, 1968, attributable to an
interest in
the partnership prior to
the month
following the month in which he died (
the allocation being made in
the manner prescribed for allocating his $1,200 distributive share of XYZ
partnership loss for such
year), when aggregated with his distributive share of XYZ
partnership gross income for
the partnership taxable year ended March 31, 1967, and with his distributive share of ABX
partnership gross income for
the partnership taxable year ended May 31, 1967,
results in X having
more than $2,400 of
gross income from
the trade or business of farming. If such aggregate
amount of
gross income is not more than $2,400,
the option described in paragraph (a)(2)(i) of
§ 1.1402(a)-15, is available.
Example (2).
A, a sole proprietor engaged in
the business of farming, files his
income tax returns on a
calendar year basis. A is also a
member of a
partnership engaged in an agricultural
activity.
The partnership files its returns on
the basis of a
fiscal year ending March 31. A dies June 29, 1967. A's
gross income from farming as a sole proprietor for
the 6-month period comprising his
taxable year which ends because of death is $1,600 and his actual
net earnings from self-employment based thereon are $400. As of March 31, 1967, A's distributive share of
the gross income of
the farm
partnership is $2,200 and his distributive share of income described in section 702(a)(9) based thereon is $1,000.
The amount of A's distributive share of
the partnership's
ordinary income for its
taxable year ended March 31, 1968, which may be included in his
net earnings from self-employment under section 1402(f) and
paragraph (a) of this section is $300.
The amount of
the deceased
partner's distributive share of
partnership gross income attributable to an
interest in
the partnership prior to
the month
following the month of his death as is determined, pursuant to subparagraph (1) of this paragraph, under
paragraph (a) of this section is $2,000. An aggregation of
the above figures produces a
gross income from farming of $5,800 and actual
net earnings from self-employment of $1,700. Under these circumstances none of
the options provided by section 1402(a) may be used. If
the actual
net earnings from self-employment had been less than $1,600,
the option described in paragraph (a)(2)(ii) of § 1.1402(a)-15 would have been available.
(c) Taxable years ending after 1955 and on or before August 28, 1958—(1) Requirement of election. If a partner's taxable year ended, as a result of his death, after 1955 and on or before August 28, 1958, the rules set forth in paragraph (a) of this section may be made applicable in computing the deceased partner's net earnings from self-employment for his last taxable year provided that:
(i) Before January 1, 1960, there is filed, by the person designated in section 6012(b)(1) and paragraph (b)(1) of § 1.6012-3, a return (or amended return) of the tax imposed by chapter 2 for the taxable year ending as a result of death, and
(ii) Such return, if filed solely for the purpose of reporting net earnings from self-employment resulting from the enactment of section 1402(f), is accompanied by the amount of tax attributable to such net earnings.
(2) Administrative rule of special application. Notwithstanding the provisions of sections 6601, 6651, and 6653 (see such sections and the regulations thereunder) no interest or penalty shall be assessed or collected on the amount of any self-employment tax due solely by reason of the operation of section 1402(f) in the case of an individual who died after 1955 and before August 29, 1958.
