Title 26, Internal Revenue CodeRelease 119-110

§2042 Proceeds of Life Insurance

Title 26 › Subtitle B — Estate and Gift Taxes › CHAPTER 11 — ESTATE TAX › Subchapter A — Estates of Citizens or Residents › PART III — GROSS ESTATE › § 2042

Last updated Sep 22, 2026|Official source

Summary

Put life insurance proceeds into the decedent’s gross estate when the person handling the estate (the executor) can collect them. Also include proceeds that other beneficiaries can get if the decedent had any ownership rights in the policy when they died, whether alone or with someone else. "Incident of ownership" — any ownership power or right over the policy. "Reversionary interest" — a chance the policy or its money could return to the decedent or their estate. A reversionary interest counts only if it was worth more than 5% of the policy right before death. Value such interests using normal actuarial methods and Treasury rules, and value them as if the decedent had not yet died.

Full Legal Text

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)Receivable by the executor (2) Receivable by other beneficiaries
To the extent of the amount receivable by the executor as insurance under policies on the life of the decedent.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

26 U.S.C. § 2042

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110