26 U.S.C. § 2207: Liability of recipient of…

Summary

Unless the will says otherwise, the executor can require anyone who got property because they used, didn’t use, or gave up a power of appointment (see section 2041) to pay part of the estate tax. The share equals the value of that property divided by the taxable estate, and multiple recipients pay in the same proportion. If the surviving spouse gets the property and it qualifies for the marital deduction under section 2056, this rule generally does not apply except as limited by the deduction and certain life‑insurance proceeds.

Title 26, §2207

Internal Revenue Code, Source: USLM XML via OLRC

Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under section 2041, the executor shall be entitled to recover from the person receiving such property by reason of the exercise, nonexercise, or release of a power of appointment such portion of the total tax paid as the value of such property bears to the taxable estate. If there is more than one such person, the executor shall be entitled to recover from such persons in the same ratio. In the case of such property received by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such property except as to the value thereof reduced by an amount equal to the excess of the aggregate amount of the marital deductions allowed under section 2056 over the amount of proceeds of insurance upon the life of the decedent receivable by the surviving spouse for which proceeds a marital deduction is allowed under such section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1976—Pub. L. 94–455 substituted “the taxable estate” for “the sum of the taxable estate and the amount of the exemption allowed in computing the taxable estate, determined under section 2052, or section 2106(a), as the case may be” after “property bears to”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d)(1) of Pub. L. 94–455, set out as a note under section 2001 of this title.

§2207 Liability of Recipient of Property Over Which Decedent Had Power of Appointment