Internal Revenue Code:Sec. 2207A. Right of recovery in the case of certain marital deduction property

From TaxAlmanac

Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 11 - ESTATE TAX
        Subchapter C - Miscellaneous
      

Statute

    Sec. 2207A. Right of recovery in the case of certain marital
        deduction property
 
    (a) Recovery with respect to estate tax
      (1) In general
        If any part of the gross estate consists of property the value
      of which is includible in the gross estate by reason of section
      2044 (relating to certain property for which marital deduction
      was previously allowed), the decedent's estate shall be entitled
      to recover from the person receiving the property the amount by
      which -
          (A) the total tax under this chapter which has been paid,
        exceeds
          (B) the total tax under this chapter which would have been
        payable if the value of such property had not been included in
        the gross estate.
      (2) Decedent may otherwise direct
        Paragraph (1) shall not apply with respect to any property to
      the extent that the decedent in his will (or a revocable trust)
      specifically indicates an intent to waive any right of recovery
      under this subchapter with respect to such property.
    (b) Recovery with respect to gift tax
      If for any calendar year tax is paid under chapter 12 with
    respect to any person by reason of property treated as transferred
    by such person under section 2519, such person shall be entitled to
    recover from the person receiving the property the amount by which
    -
        (1) the total tax for such year under chapter 12, exceeds
        (2) the total tax which would have been payable under such
      chapter for such year if the value of such property had not been
      taken into account for purposes of chapter 12.
    (c) More than one recipient of property
      For purposes of this section, if there is more than one person
    receiving the property, the right of recovery shall be against each
    such person.
    (d) Taxes and interest
      In the case of penalties and interest attributable to additional
    taxes described in subsections (a) and (b), rules similar to
    subsections (a), (b), and (c) shall apply.
 

Sources

    (Added Pub. L. 97-34, title IV, Sec. 403(d)(4)(A), Aug. 13, 1981,
    95 Stat. 304; amended Pub. L. 105-34, title XIII, Sec. 1302(a),
    Aug. 5, 1997, 111 Stat. 1039.)
 

Miscellaneous

                                 AMENDMENTS
      1997 - Subsec. (a)(2). Pub. L. 105-34 amended heading and text of
    par. (2) generally.  Prior to amendment, text read as follows:
    ''Paragraph (1) shall not apply if the decedent otherwise directs
    by will.''
                      EFFECTIVE DATE OF 1997 AMENDMENT
      Section 1302(c) of Pub. L. 105-34 provided that: ''The amendments
    made by this section (amending this section and section 2207B of
    this title) shall apply with respect to the estates of decedents
    dying after the date of the enactment of this Act (Aug. 5, 1997).''
                               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 section 2519 of this title.