Reg. § 1.652(b)-1 Character of amounts.
In determining the gross income of a beneficiary, the amounts includible under have the same character in the hands of the beneficiary as in the hands of the trust. For example, to the extent that the amounts specified in consist of income exempt from tax under section , such amounts are not included in the beneficiary's gross income. Similarly, dividends distributed to a beneficiary retain their original character in the beneficiary's hands for purposes of determining the availability to the beneficiary of the dividends received credit under section (for dividends received on or before December 31, 1964) and the dividend exclusion under section . Also, to the extent that the amounts specified in consist of “earned income” in the hands of the trust under the provisions of section such amount shall be treated under section as “earned income” in the hands of the beneficiary. Similarly, to the extent such amounts consist of an amount received as a part of a lump sum distribution from a qualified plan and to which the provisions of section would apply in the hands of the trust, such amount shall be treated as subject to such section in the hands of the beneficiary except where such amount is deemed under section to have been distributed in a preceding taxable year of the trust and the partial tax described in section is determined under section . The tax treatment of amounts determined under depends upon the beneficiary's status with respect to them not upon the status of the trust. Thus, if a beneficiary is deemed to have received foreign income of a foreign trust, the includibility of such income in his gross income depends upon his taxable status with respect to that income.
[T.D. 7204, 37 FR 17134, Aug. 25, 1972]