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Guidance Under Section 2053 Regarding Post-Death Events; Correction

---
identifier: "/us/fr/E9-28332"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Guidance Under Section 2053 Regarding Post-Death Events; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "E9-28332"
section_name: "Guidance Under Section 2053 Regarding Post-Death Events; Correction"
positive_law: false
currency: "2009-11-25"
last_updated: "2009-11-25"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "E9-28332"
document_type: "rule"
publication_date: "2009-11-25"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 20"
rin: "1545-BC56"
fr_citation: "74 FR 61524"
fr_volume: 74
docket_ids:
  - "TD 9468"
effective_date: "2009-11-25"
fr_action: "Correcting amendment."
---

#  Deduction for claims against the estate.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains corrections to final regulations (TD 9468) that were published in the *Federal Register* on Tuesday, October 20, 2009 (74 FR 53652) providing guidance relating to the amount deductible from a decedent's gross estate for claims against the estate under section 2053(a)(3) of the Internal Revenue Code.

**DATES:**

This correction is effective on November 25, 2009 and is applicable in taxable years ending on or after October 20, 2009.

**FOR FURTHER INFORMATION CONTACT:**

Karlene M. Lesho, (202) 622-3090 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations that are the subject of this document are under sections 2051 and 2053 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulations (TD 9468) contain errors that may prove to be misleading and are in need of clarification.

**List of Subjects in 26 CFR Part 20**

Estate taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

**26 CFR Part 20**

Accordingly, 26 CFR part 20 is corrected by making the following correcting amendments:

**PART 20—ESTATE TAX; ESTATES OF DECENDENTS DYING AFTER AUGUST 16, 1954**

*Paragraph 1.* The authority citation for part 20 continues to read in part as follows:

**Authority:**

26 U.S.C. 7805 * * *

**26 CFR Part 20**

*Par. 2.* Section 20.2053-1 is amended by revising the third sentence of paragraph (d)(7) *Example 3* to read as follows:

§ 20.2053-1

(d) * * *

(7) * * *

**Example 3.**

* * * Instead, pursuant to the protective claim for refund filed by E, the marital deduction will be reduced by the claim once a final judgment is entered in the case. * * *

**26 CFR Part 20**

*Par. 3.* Section 20.2053-4 is amended by revising the last sentence of paragraph (d)(3) to read as follows.

§ 20.2053-4

(d) * * *

(3) * * * See further § 20.2053-1(d)(3).

LaNita VanDyke,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration)