Title 26, Part 20 — Estate Tax; Estates of Decedents Dying After August 16, 1954

Introduction.

General description of tax.

Valuation of adjusted taxable gifts and section 2701(d) taxable events.

Valuation of adjusted taxable gifts for purposes of determining the deceased spousal unused exclusion amount of last deceased spouse.

Liability for payment of tax.

Table of contents.

Unified credit against estate tax; in general.

Portability provisions applicable to estate of a decedent survived by a spouse.

Portability provisions applicable to the surviving spouse's estate.

Credit for State death taxes.

Limitation on credit if a deduction for State death taxes is allowed under section 2053(d).

Credit for gift tax.

Credit for tax on prior transfers.

“First limitation”.

“Second limitation”.

Valuation of property transferred.

“Property” and “transfer” defined.

Examples.

Credit for foreign death taxes.

“First limitation”.

“Second limitation”.

Application of credit in cases involving a death tax convention.

Proof of credit.

Period of limitations on credit.

Limitation on credit if a deduction for foreign death taxes is allowed under section 2053(d).

Credit for death taxes on remainders.

Recovery of death taxes claimed as credit.

Table of contents.

Definition of gross estate; valuation of property.

Valuation of stocks and bonds.

Valuation of interests in businesses.

Valuation of notes.

Valuation of cash on hand or on deposit.

Valuation of household and personal effects.

Valuation of annuities, interests for life or term of years, and remainder or reversionary interests.

Valuation of certain life insurance and annuity contracts; valuation of shares in an open-end investment company.

Valuation of other property.

Alternate valuation.

Material participation requirements for valuation of certain farm and closely-held business real property.

Method of valuing farm real property.

Election and agreement to have certain property valued under section 2032A for estate tax purposes.

Property in which the decedent had an interest.

Dower or curtesy interests.

Transfers with retained life estate.

Transfers taking effect at death.

Revocable transfers.

Annuities.

Limitations and repeal of estate tax exclusion for qualified plans and individual retirement plans (IRAs) (temporary).

Annuities under “qualified plans” and section 403(b) annuity contracts.

Lump sum distributions under “qualified plans;” decedents dying after December 31, 1976, and before January 1, 1979.

Lump sum distributions from “qualified plans;” decedents dying after December 31, 1978.

Annuities under individual retirement plans.

Joint interests.

Powers of appointment; in general.

Powers of appointment created on or before October 21, 1942.

Powers of appointment created after October 21, 1942.

Proceeds of life insurance.

Transfers for insufficient consideration.

Certain property for which marital deduction was previously allowed.

Effective dates.

Applicability to pre-existing transfers or interests.

Disclaimed property.

Valuation of annuities, interests for life or a term of years, and remainder or reversionary interests for estates of decedents for which the valuation date of the gross estate is before June 1, 2023.

Definition of taxable estate.

Exemption.

Deductions for expenses, indebtedness, and taxes; in general.

Deduction for funeral expenses.

Deduction for expenses of administering estate.

Deduction for claims against the estate.

Deductions for charitable, etc., pledges or subscriptions.

Deduction for taxes.

Deduction for unpaid mortgages.

Deduction for expenses in administering property not subject to claims.

Deduction for certain State death taxes.

Deduction for certain foreign death taxes.

Deduction for losses from casualties or theft.

Deduction for transfers for public, charitable, and religious uses; in general.

Transfers not exclusively for charitable purposes.

Effect of death taxes and administration expenses.

Disallowance of charitable, etc., deductions because of “prohibited transactions” in the case of decedents dying before January 1, 1970.

Disallowance of charitable, etc., deductions in the case of decedents dying after December 31, 1969.

Disallowance of double deduction in the case of qualified terminable interest property.

Table of contents.

Marital deduction; in general.

Marital deduction; “deductible interests” and “nondeductible interests”.

Marital deduction; limitation in case of life estate or other “terminable interest”.

Marital deduction; interest in unidentified assets.

Marital deduction; interest of spouse conditioned on survival for limited period.

Marital deduction; valuation of interest passing to surviving spouse.

Marital deduction; life estate with power of appointment in surviving spouse.

Marital deduction; life insurance or annuity payments with power of appointment in surviving spouse.

Election with respect to life estate for surviving spouse.

Special rule for charitable remainder trusts.

Denial of double deduction.

Effective dates.

Marital deduction; definition of “passed from the decedent.”

Marital deduction; definition of “passed from the decedent to his surviving spouse.”

Marital deduction; definition of “passed from the decedent to a person other than his surviving spouse”.

Marital deduction; special rules for marital deduction if surviving spouse is not a United States citizen.

Marital deduction; effect of disclaimers of post-December 31, 1976 transfers.

Marital deduction; effect of disclaimers of pre-January 1, 1977 transfers.

Table of contents.

Restrictions on allowance of marital deduction if surviving spouse is not a United States citizen.

Requirements for qualified domestic trust.

QDOT election.

Procedures for conforming marital trusts and nontrust marital transfers to the requirements of a qualified domestic trust.

Imposition of section 2056A estate tax.

Amount of tax.

Allowance of prior transfer credit under section 2013.

Special rules for joint property.

Designated Filer.

Surviving spouse becomes citizen after QDOT established.

Filing requirements and payment of the section 2056A estate tax.

Increased basis for section 2056A estate tax paid with respect to distribution from a QDOT.

Effective dates.

Estates of nonresidents not citizens; tax imposed.

Estates of nonresidents not citizens; credits against tax.

Estates of nonresidents not citizens; “entire gross estate”.

Estates of nonresidents not citizens; property within the United States.

Estates of nonresidents not citizens; property without the United States.

Estates of nonresidents not citizens; taxable estate; deductions in general.

Estates of nonresidents not citizens; deductions for expenses, losses, etc.

Expatriation to avoid tax.

Missionaries in foreign service.

Definition of executor.

Discharge of executor from personal liability.

Discharge of fiduciary other than executor from personal liability.

Special rules for estates of decedents dying after December 31, 1976; special lien under section 6324A.

Reimbursement out of estate.

Liability of life insurance beneficiaries.

Liability of recipient of property over which decedent had power of appointment.

Right of recovery of estate taxes in the case of certain marital deduction property.

Effective date.

Certain residents of possessions considered citizens of the United States.

Certain residents of possessions considered nonresidents not citizens of the United States.

Persons required to keep records and render statements.

General requirement of return, statement, or list.

Requirement of statement disclosing participation in certain transactions by taxpayers.

Returns.

Returns; person required to file return.

Returns; contents of returns.

Returns; documents to accompany the return.

Notice of qualification as executor of estate of decedent dying before 1971.

Notice of qualification as executor of estate of decedent dying after 1970.

Reporting requirements for tax return preparers.

Signing of returns and other documents.

Verification of returns.

Time for filing preliminary notice required by § 20.6036-1.

Returns; time for filing estate tax return.

Extension of time for filing the return.

Place for filing returns or other documents.

Exceptional cases.

Tax return preparer must furnish copy of return to taxpayer and must retain a copy or record.

Tax return preparers furnishing identifying numbers for returns or claims for refund.

Time and place for paying tax shown on the return.

Extension of time for paying tax shown on the return.

Extension of time for paying deficiency in tax.

Extension of time for payment of estate tax on value of reversionary or remainder interest in property.

Bonds where time to pay tax or deficiency has been extended.

Election of alternate extension of time for payment of estate tax where estate consists largely of interest in closely held business.

Extension of time for payment of estate tax where estate consists largely of interest in closely held business.

Definition of an interest in a closely held business.

Acceleration of payment.

Special rules applicable where due date of return was before September 3, 1958.

Voluntary payments of estate taxes by electronic funds transfer.

Duplicate receipts for payment of estate taxes.

Statutory provisions; lien for taxes.

Lien for taxes.

Validity and priority against certain persons.

Special lien for estate tax.

Special lien for estate tax deferred under section 6166 or 6166A.

Special lien for additional estate tax attributable to farm, etc., valuation.

Release of lien or partial discharge of property; transfer certificates in nonresident estates.

Interest on underpayment, nonpayment, or extensions of time for payment, of tax.

Section 6694 penalties applicable to tax return preparer.

Penalties for understatement due to an unreasonable position.

Penalty for understatement due to willful, reckless, or intentional conduct.

Extension of period of collection when preparer pays 15 percent of a penalty for understatement of taxpayer's liability and certain other procedural matters.

Other assessable penalties with respect to the preparation of tax returns for other persons.

Claims for credit or refund by tax return preparers or appraisers.

Discharge of executor from personal liability for decedent's income and gift taxes.

Form of bonds.

Valuation of annuities, unitrust interests, interests for life or terms of years, and remainder or reversionary interests.

Valuation of charitable interests.

Limitation on the application of section 7520.

Transitional rules.

Tax return preparer.

Definitions; spouse, husband and wife, husband, wife, marriage.