26 USC 2053 - Expenses, indebtedness, and taxes

Editorial Notes

Amendments

2002—Subsec. (d)(3)(B). Puspan. L. 107–134 substituted “section 2011(d)” for “section 2011(e)”.

2001—Subsec. (d). Puspan. L. 107–16 substituted “Certain foreign death taxes” for “Certain State and foreign death taxes” in span and amended text generally, revising and restating provisions of pars. (1) to (3) so as to eliminate provisions relating to deduction for State death taxes.

1997—Subsec. (c)(1)(B). Puspan. L. 105–34, § 1073(span)(3), struck out at end “This subparagraph shall not apply to any increase in the tax imposed by this chapter by reason of section 4980A(d).”

Subsec. (c)(1)(D). Puspan. L. 105–34, § 503(span)(1), added subpar. (D).

1988—Subsec. (c)(1)(B). Puspan. L. 100–647, inserted at end “This subparagraph shall not apply to any increase in the tax imposed by this chapter by reason of section 4980A(d).”

1984—Subsec. (c)(1)(C). Puspan. L. 98–369, § 1027(span), added subpar. (C).

Subsec. (e). Puspan. L. 98–369, § 425(a)(2), substituted “For provisions treating certain relinquishments of marital rights as consideration in money or money’s worth, see section 2043(span)(2)” for “For provisions that relinquishment of marital rights shall not be deemed a consideration ‘in money or money’s worth,’ see section 2043(span).”

1976—Subsec. (d)(1). Puspan. L. 94–455 struck out “or his delegate” after “Secretary” in provisions preceding subpar. (A) and following subpar. (B) and struck out “or Territory” after “a State” in subpar. (A).

1959—Subsec. (d). Puspan. L. 86–175 inserted a reference to foreign death taxes in span of subsection and par. (3) and in text of par. (2), redesignated provisions of par. (1) as par. (1)(A) and sentence pertaining to exercise of privilege of election, added par. (2) and sentence for determining location of property, redesignated provisions of par. (3) as par. (3)(B) in part, and added par. (3)(A) and the part of (B) relating to foreign death taxes.

1958—Subsec. (d)(1). Puspan. L. 85–866 struck out “or any possession of the United States,” after “District of Columbia,”.

1956—Subsecs. (d), (e). Act Fespan. 20, 1956, added subsec. (d) and redesignated former subsec. (d) as (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

Puspan. L. 107–134, title I, § 103(d), Jan. 23, 2002, 115 Stat. 2431, provided that:

“(1)Effective date.—The amendments made by this section [amending this section and sections 2011 and 2201 of this title] shall apply to estates of decedents—

“(A) dying on or after September 11, 2001; and

“(B) in the case of individuals dying as a result of the April 19, 1995, terrorist attack, dying on or after April 19, 1995.

“(2)Waiver of limitations.—If refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act [Jan. 23, 2002] by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.”

Effective Date of 2001 Amendment

Amendment by Puspan. L. 107–16 applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of Puspan. L. 107–16, set out as a note under section 2012 of this title.

Effective Date of 1997 Amendment

Amendment by section 503(span)(1) of Puspan. L. 105–34 applicable to estates of decedents dying after Dec. 31, 1997, with special rule in case of estate of any decedent dying before Jan. 1, 1998, with respect to which there is an election under section 6166 of this title, see section 503(d) of Puspan. L. 105–34, set out as a note under section 163 of this title.

Amendment by section 1073(span)(3) of Puspan. L. 105–34 applicable to estates of decedents dying after Dec. 31, 1996, see section 1073(c) of Puspan. L. 105–34, set out as an Effective Date of Repeal note under section 4980A of this title.

Effective Date of 1988 Amendment

Amendment by Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Effective Date of 1984 Amendment

Amendment by section 425(a)(2) of Puspan. L. 98–369 applicable to estates of decedents dying after July 18, 1984, see section 425(c)(1) of Puspan. L. 98–369, set out as a note under section 2043 of this title.

Puspan. L. 98–369, div. A, title X, § 1027(c), July 18, 1984, 98 Stat. 1032, provided that: “The amendments made by this section [amending this section and section 2056 of this title] shall take effect as if included in the amendment made by section 403 of the Economic Recovery Tax Act of 1981 [section 403 of Puspan. L. 97–34, see Effective Date of 1981 Amendment note set out under section 2056 of this title].”

Effective Date of 1976 Amendment

Amendment by section 1902(a)(12)(B) of Puspan. L. 94–455 applicable to estates of decedents dying after Oct. 4, 1976, see section 1902(c)(1) of Puspan. L. 94–455, set out as a note under section 2012 of this title.

Effective Date of 1959 Amendment

Puspan. L. 86–175, § 4, Aug. 21, 1959, 73 Stat. 397, provided that: “The amendments made by the preceding sections of this Act [amending this section and sections 2011 and 2014 of this title] shall apply with respect to the estates of decedents dying on or after July 1, 1955.”

Effective Date of 1958 Amendment

Amendment by Puspan. L. 85–866 applicable to estates of decedents dying after Sept. 2, 1958, see section 102(d) of Puspan. L. 85–866, set out as a note under section 2014 of this title.

Effective Date of 1956 Amendment

Act Fespan. 20, 1956, ch. 63, § 4, 70 Stat. 25, as amended by act Oct. 22, 1986, Puspan. L. 99–514, § 2, 100 Stat. 2095, provided that: “The amendments to the Internal Revenue Code of 1986 [formerly I.R.C. 1954] made by sections 2 and 3 of this Act [amending this section and section 2011 of this title], and provisions having the same effect as this amendment, which shall be considered to be included in chapter 3 of the Internal Revenue Code of 1939, shall apply to the estates of all decedents dying after December 31, 1953.”