1041 and deduct

[TAXMAN]

Can an Estate filing a 1041 deduct specific bequeaths as defined in the will. Can a 1041 take a charitable deduction for money paid from corpus? I am for some reason drawing a dumb blank. There was no 706 required to be filed.

[Sara EA]

A 1041 is an INCOME tax return.  Unless the will specifically requires bequests to be paid out of income, they are usually paid from corpus and therefore not deductible from income.  Charitable donations can only be made if specified in the will.  They too are usually paid from corpus unless the will specifically states to pay from income.  I think the source of confusion is that the 706 addresses assets and has its own rules for deductions, while the 1041 addresses income and expenses paid out of income.