Examples.

Examples. The following illustrate the provisions of paragraph (a) of this section:
(1) A property interest bequeathed in trust by H (the decedent) is considered as having passed from him to W (his surviving spouse)—
(i) If the trust income is payable to W for life and upon her death the corpus is distributable to her executors or administrators;
(ii) If W is entitled to the trust income for a term of years following which the corpus is to be paid to W or her estate;
(iii) If the trust income is to be accumulated for a term of years or for W's life and the augmented fund paid to W or her estate; or
(iv) If the terms of the transfer satisfy the requirements of § 20.2056(b)–5 or § 20.2056(b)–7.
(2) If H devised property—
(i) To A for life with remainder absolutely to W or her estate, the remainder interest is considered to have passed from H to W;
(ii) To W for life with remainder to her estate, the entire property is considered as having passed from H to W; or
(iii) Under conditions which satisfy the provisions of § 20.2056(b)–5 or 20.2056(b)–7, the entire property is considered as having passed from H to W.
(3) Proceeds of insurance upon the life of H are considered as having passed from H to W if the terms of the contract—
(i) Meet the requirements of § 20.2056(b)–6;
(ii) Provide that the proceeds are payable to W in a lump sum;
(iii) Provide that the proceeds are payable in installments to W for life and after her death any remaining installments are payable to her estate;
(iv) Provide that interest on the proceeds is payable to W for life and upon her death the principal amount is payable to her estate; or
(v) Provide that the proceeds are payable to a trustee under an arrangement whereby the requirements of § 20.2056(b)–5 or 20.2056(b)–7 are satisfied.

Source

26 CFR § 20.2056(c)-2


Scoping language

None
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