§2042 — Title 26 Internal Revenue Code | U.S. Code

Summary

Add to a person's gross estate the value of life insurance paid because of their death in two ways. Include insurance money the estate's executor will get. Also include insurance paid to other people if the person who died had any ownership rights in the policy when they died, alone or with someone else. One ownership right called a reversionary interest counts only if it was worth more than 5 percent of the policy's value immediately before the death. A reversionary interest means the policy or its money might return to the person who died or to their estate, or the person could control how it would be used. Those interests must be valued by normal methods, using mortality tables and actuarial rules, under regulations the Secretary issues, and a power to control is valued as if the policy might return to the person or estate.

Title 26, §2042

Internal Revenue Code — Source: USLM XML via OLRC

The value of the gross estate shall include the value of all property—

(1)To the extent of the amount receivable by the executor as insurance under policies on the life of the decedent.

(2)To the extent of the amount receivable by all other beneficiaries as insurance under policies on the life of the decedent with respect to which the decedent possessed at his death any of the incidents of ownership, exercisable either alone or in conjunction with any other person. For purposes of the preceding sentence, the term “incident of ownership” includes a reversionary interest (whether arising by the express terms of the policy or other instrument or by operation of law) only if the value of such reversionary interest exceeded 5 percent of the value of the policy immediately before the death of the decedent. As used in this paragraph, the term “reversionary interest” includes a possibility that the policy, or the proceeds of the policy, may return to the decedent or his estate, or may be subject to a power of disposition by him. The value of a reversionary interest at any time shall be determined (without regard to the fact of the decedent’s death) by usual methods of valuation, including the use of tables of mortality and actuarial principles, pursuant to regulations prescribed by the Secretary. In determining the value of a possibility that the policy or proceeds thereof may be subject to a power of disposition by the decedent, such possibility shall be valued as if it were a possibility that such policy or proceeds may return to the decedent or his estate.

Editorial Notes

Amendments

1976—Pub. L. 94–455 struck out “or his delegate” after “Secretary”.

§2042 Proceeds of Life Insurance

Summary

Title 26, §2042

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata