Internal Revenue Code:Sec. 2044. Certain property for which marital deduction was previously allowed

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 11 - ESTATE TAX
        Subchapter A - Estates of Citizens or Residents
         PART III - GROSS ESTATE
       

Statute

    Sec. 2044. Certain property for which marital deduction was
        previously allowed
 
    (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.
 

Sources

    (Added Pub. L. 97-34, title IV, Sec. 403(d)(3)(A)(i), Aug. 13,
    1981, 95 Stat. 304; amended Pub. L. 97-448, title I, Sec.
    104(a)(1)(B), Jan. 12, 1983, 96 Stat. 2380.)
 

Miscellaneous

                              PRIOR PROVISIONS
      A prior section 2044 was renumbered section 2045 of this title.
                                 AMENDMENTS
      1983 - Subsec. (c). Pub. L. 97-448 added subsec. (c).
                      EFFECTIVE DATE OF 1983 AMENDMENT
      Amendment by Pub. L. 97-448 effective, except as otherwise
    provided, as if it had been included in the provision of the
    Economic Recovery Tax Act of 1981, Pub. L. 97-34, to which such
    amendment relates, see section 109 of Pub. L. 97-448, set out as a
    note under section 1 of this title.
                               EFFECTIVE DATE
      Section applicable to estates of decedents dying after Dec. 31,
    1981, see section 403(e) of Pub. L. 97-34, set out as an Effective
    Date of 1981 Amendment note under section 2056 of this title.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 1014, 2053, 2207A, 2523,
    2642 of this title.