I have read that a remainder beneficiary can request a copy of the 1041's from the IRS under §6103(e)(1)(F).
We have a case where the income beneficiary trustee (corporate trustee) is paying all of the taxes at the trust level even though we know the beneficiary is receiving monthly distributions far in excess of the income being generated. Every year the trustee is telling us that the taxes are related to the capital gains.
We actually get the Marital Trust accountings and can see this is not the case. We can recreate the gains and the tax being is 3 to 4 times the max capital gain rate even with no deductions.
Client has sued in the past for copies of tax returns but judge said annual trust accounting is enough.
Has anyone tried to get copies from the IRS? Is it a simple process or are we wasting our time.