26 USC 2207A - Right of recovery in the case of certain marital deduction property

U.S Code last checked for updates: Nov 23, 2024

§ 2207A.

Right of recovery in the case of certain marital deduction property

(a)

Recovery with respect to estate tax

(1)

In general

If any part of the gross estate consists of property the value of which is includible in the gross estate by reason of section 2044 (relating to certain property for which marital deduction was previously allowed), the decedent’s estate shall be entitled to recover from the person receiving the property the amount by which—

(A)

the total tax under this chapter which has been paid, exceeds

(B)

the total tax under this chapter which would have been payable if the value of such property had not been included in the gross estate.

(2)

Decedent may otherwise direct

(b)

Recovery with respect to gift tax

If for any calendar year tax is paid under chapter 12 with respect to any person by reason of property treated as transferred by such person under section 2519, such person shall be entitled to recover from the person receiving the property the amount by which—

(1)

the total tax for such year under chapter 12, exceeds

(2)

the total tax which would have been payable under such chapter for such year if the value of such property had not been taken into account for purposes of chapter 12.

(c)

More than one recipient of property

(d)

Taxes and interest

(Added

cite as: 26 USC 2207A