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Estate Tax; Estates of Decedents Dying After August 16, 1954

---
identifier: "/us/fr/2012-7819"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Estate Tax; Estates of Decedents Dying After August 16, 1954"
title_number: 0
title_name: "Federal Register"
section_number: "2012-7819"
section_name: "Estate Tax; Estates of Decedents Dying After August 16, 1954"
positive_law: false
currency: "2012-03-30"
last_updated: "2012-03-30"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2012-7819"
document_type: "rule"
publication_date: "2012-03-30"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 20"
fr_citation: "77 FR 19080"
fr_volume: 77
---

#  Deduction for claims against the estate.

**CFR Correction**

**26 CFR Part 20**

In Title 26 of the Code of Federal Regulations, Parts 2 to 29, revised as of April 1, 2011, on page 392, in § 20.2053-4, at the end of paragraph (c)(3), Examples 1-3 are added to read as follows:

§ 20.2053-4

(c) * * *

(3) * * *

**Example 1.**

There are three claims against the estate of the decedent (D) that are not paid and are not deductible under § 20.2053-1(d)(4) or paragraph (b) of this section: $25,000 of Claimant A, $35,000 of Claimant B, and $1,000,000 of Claimant C. The executor of D's estate (E) may not claim a deduction under this paragraph with respect to any portion of the claim of Claimant C because the value of that claim exceeds $500,000. E may claim a deduction under this paragraph for the total amount of the claims filed by Claimant A and Claimant B ($60,000) because the aggregate value of the full amount of those claims does not exceed $500,000.

**Example 2.**

There are three claims against the estate of the decedent (D) that are not paid and are not deductible under § 20.2053-1(d)(4) or paragraph (b) of this section; specifically, a separate $200,000 claim of each of three claimants, A, B and C. The executor of D's estate (E) may claim a deduction under this paragraph for any two of these three claims because the aggregate value of the full amount of any two of the claims does not exceed $500,000. E may not deduct any part of the value of the remaining claim under this paragraph because the aggregate value of the full amount of all three claims would exceed $500,000.

**Example 3.**

As a result of an automobile accident involving the decedent (D) and A, D's gross estate includes a claim against A that is valued at $750,000. In the same matter, A files a counterclaim against D's estate that is valued at $1,000,000. A's claim against D's estate is not paid and is not deductible under § 20.2053-1(d)(4). All other section 2053 claims and expenses of D's estate have been paid and are deductible. The executor of D's estate (E) deducts $750,000 of A's claim against the estate under § 20.2053-4(b). E may claim a deduction under this paragraph (c) for the total value of A's claim not deducted under § 20.2053-4(b), or $250,000. If, instead, the value of A's claim against D's estate is $1,500,000, so that the amount not deductible under § 20.2053-4(b) exceeds $500,000, no deduction is available under this paragraph (c).