§2043 — Title 26 Internal Revenue Code | U.S. Code

Summary

If a transfer, trust, interest, right, or power covered by sections 2035–2038 or 2041 was made for money or something of value but was not a real sale for full, fair payment, include in the gross estate only the amount by which the property's fair market value at death is greater than what the decedent received. Giving up marital claims—dower or curtesy (old spouse claims), a statutory estate that replaces them, or other marital rights—does not count as money or money’s worth for this chapter. A transfer that meets paragraph (1) of section 2516 for certain property settlements is treated as full and adequate consideration for purposes of section 2053.

Title 26, §2043

Internal Revenue Code — Source: USLM XML via OLRC

(a)If any one of the transfers, trusts, interests, rights, or powers enumerated and described in sections 2035 to 2038, inclusive, and section 2041 is made, created, exercised, or relinquished for a consideration in money or money’s worth, but is not a bona fide sale for an adequate and full consideration in money or money’s worth, there shall be included in the gross estate only the excess of the fair market value at the time of death of the property otherwise to be included on account of such transaction, over the value of the consideration received therefor by the decedent.

(b)(1)For purposes of this chapter, a relinquishment or promised relinquishment of dower or curtesy, or of a statutory estate created in lieu of dower or curtesy, or of other marital rights in the decedent’s property or estate, shall not be considered to any extent a consideration “in money or money’s worth”.

(2)For purposes of section 2053 (relating to expenses, indebtedness, and taxes), a transfer of property which satisfies the requirements of paragraph (1) of section 2516 (relating to certain property settlements) shall be considered to be made for an adequate and full consideration in money or money’s worth.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (b). Pub. L. 98–369 amended subsec. (b) generally, designating existing provisions as par. (1) and adding par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 Amendment Pub. L. 98–369, div. A, title IV, § 425(c)(1), July 18, 1984, 98 Stat. 804, provided that: “The

Amendments

made by subsection (a) [amending this section and section 2053 of this title] shall apply to estates of decedents dying after the date of the enactment of this Act [July 18, 1984].”

§2043 Transfers for insufficient consideration

Summary

Title 26, §2043

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata