If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section
2036 (relating to transfers with retained life estate), the decedent’s estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as—
(A)the value of such property, bears to
(B)the taxable 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) More than one recipient
For purposes of this section, if there is more than 1 person receiving the property, the right of recovery shall be against each such person.
(c) Penalties and interest
In the case of penalties and interest attributable to the additional taxes described in subsection (a), rules similar to the rules of subsections (a) and (b) shall apply.
(d) No right of recovery against charitable remainder trusts
No person shall be entitled to recover any amount by reason of this section from a trust to which section
664 applies (determined without regard to this section).
1997—Subsec. (a)(2). Pub. L. 105–34amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply if the decedent otherwise directs in a provision of his will (or a revocable trust) specifically referring to this section.”
1990—Subsec. (b). Pub. L. 101–508, § 11601(b)(1)(A), redesignated former subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “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
2036(c)(4), such person shall be entitled to recover from the original transferee (as defined in section
2036(c)(4)(C)(ii)) the amount which bears the same ratio to the total tax for such year under chapter 12 as—
“(1) the value of such property for purposes of chapter 12, bears to
“(2) the total amount of the taxable gifts for such year.”
Subsec. (c). Pub. L. 101–508, § 11601(b)(1), redesignatedsubsec. (d) as (c) and substituted “subsection (a)” for “subsections (a) and (b)” and “subsections (a) and (b)” for “subsections (a), (b), and (c)”. Former subsec. (c) redesignated (b).
Subsecs. (d), (e). Pub. L. 101–508, § 11601(b)(1)(A), redesignatedsubsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (d) redesignated (c).
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–34applicable with respect to estates of decedents dying after Aug. 5, 1997, see section 1302(c) ofPub. L. 105–34, set out as a note under section
2207A of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508applicable in the case of property transferred after Dec. 17, 1987, see section 11601(c) ofPub. L. 101–508, set out as a note under section
2036 of this title.
Section effective as if included in provisions of Revenue Act of 1987, Pub. L. 100–203, title X, except that if an amount is included in the gross estate of a decedent under section
2036 of this title other than solely by reason of section
2036(c) of this title, section applicable to such amount only with respect to property transferred after Nov. 10, 1988, see section 3031(h)(1), (3) ofPub. L. 100–647, set out as an Effective Date of 1988 Amendment note under section
2036 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
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Statutes at Large
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