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ii. if under the trust instrument it is impossible, at any time prior to the
satisfaction of all liabilities with respect to employees under the trust, for any
part of the corpus or income to be (within the taxable year or thereafter) used
for, or diverted to, purposes other than for the exclusive benefit of his
employees.
NOTE HOWEVER: Any amount actually distributed to any employee or distributee
shall be taxable to him in the year in which so distributed to the extent that it exceeds
the amount contributed by such employee or distributee.
B. Computation and Payment of the Tax
GENERAL RULE: The tax shall be computed upon the taxable income of the estate
or trust and shall be paid by the fiduciary.
EXCEPTIONS:
1. Revocable Trusts. - Where at any time the power to revest in the grantor
title to any part of the corpus of the trust is vested
a. in the grantor either alone or in conjunction with any person not
having a substantial adverse interest in the disposition of such part of
the corpus or the income therefrom, or
2. in any person not having a substantial adverse interest in the
disposition of such part of the corpus or the income therefrom, the
income of such part of the trust shall be included in computing the
taxable income of the grantor.
2. Income for Benefit of Grantor Where any part of the income of a trust
i. is, or in the discretion of the grantor or of any person not having a
substantial adverse interest in the disposition of such part of the income
may be held or accumulated for future distribution to the grantor, or
ii. may, or in the discretion of the grantor or of any person not having a
substantial adverse interest in the disposition of such part of the income, be
distributed to the grantor, or
iii. is, or in the discretion of the grantor or of any person not having a
substantial adverse interest in the disposition of such part of the income
may be applied to the payment of premiums upon policies of insurance on
the life of the grantor, such part of the income of the trust shall be included
in computing the taxable income of the grantor.
NOTE: 'In the discretion of the grantor' means in the discretion of the grantor, either
alone or in conjunction with any person not having a substantial adverse interest in
the disposition of the part of the income in question.