26Title 26The US tax code, read & explained

26 U.S.C. § 2044

§ 2044. Certain property for which marital deduction was previously allowed

160 words · amended 1 times · cited by 5 other sections

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No plain-English explainer yet. Below is the official text. Explainers are being added section by section.

History

Added in 1981 by the Economic Recovery Tax Act of 1981. Last changed January 12, 1983 by the Public Law 97-448.

Every change, newest first (2)
  1. January 12, 1983Public Law 97-448
  2. August 13, 1981Economic Recovery Tax Act of 1981 · added this section

The law as written

Current through Public Law 119-102. Amendment notes omitted.

Structure

  1. (a) General rule
  2. (b) Property to which this section applies
  3. (c) Property treated as having passed from decedent
(a) General rule

The value of the gross estate shall include the value of any property to which this section applies in which the decedent had a qualifying income interest for life.

(b) Property to which this section applies

This section applies to any property if—

(1)

a deduction was allowed with respect to the transfer of such property to the decedent—

(A)

under section 2056 by reason of subsection (b)(7) thereof, or

(B)

under section 2523 by reason of subsection (f) thereof, and

(2)

section 2519 (relating to dispositions of certain life estates) did not apply with respect to a disposition by the decedent of part or all of such property.

(c) Property treated as having passed from decedent

For purposes of this chapter and chapter 13, property includible in the gross estate of the decedent under subsection (a) shall be treated as property passing from the decedent.