Gross Income Form 1041

[TAX4US]

Have a 1041 return. Sale of stock results in loss. Has a specific charitable donation in will of $5000. No other income in Final estate return. Ex gives church the $5000 and paid its legal fee from the gross proceeds of the sale then gives heir remainder.

Can heir use this $5000 as a charitable deduction?

Page 2 of 1041 says charity paid from gross income. Even tho gain is a loss do I still put the $5000 on that line?

Thanks to anyone who can help. I've not run into this b-4.

[Burke]

Final year deductions on termination of an estate (excluding the charitable deduction and exemption) in excess of gross income are allowed as an itemized deduction to the beneficiaries succeeding to the property of the estate. In addtion, any capital loss carryover remaining in the final year may be passed through to the bene's on K-1. See page 25 of Instructions for Form 1041 regarding the option of taking a charitable contribution on the estate's income tax return in a prior year.

[Burke]

Can heir use this $5000 as a charitable deduction?

No. See above.

Page 2 of 1041 says charity paid from gross income. Even tho gain is a loss do I still put the $5000 on that line?

Yes.