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26 U.S.C. § 2207B — Right of recovery where decedent retained interest
Federal law — U.S. Code and appendices · legal_authorities
**(a) Estate tax**
(1) **In general** — If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section 2036 (relating to transfers with retained life estate), the decedent’s estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as—
(A) the value of such property, bears to
(B) the taxable estate.
(2) **Decedent may otherwise direct** — Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.
**(b) More than one recipient** For purposes of this section, if there is more than 1 person receiving the property, the right of recovery shall be against each such person.
**(c) Penalties and interest** In the case of penalties and interest attributable to the additional taxes described in subsection (a), rules similar to the rules of subsections (a) and (b) shall apply.
**(d) No right of recovery against charitable remainder trusts** No person shall be entitled to recover any amount by reason of this section from a trust to which section 664 applies (determined without regard to this section).
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Source file: Laws/federal/codes/united-states-code/title-26/section-2207b-right-of-recovery-where-decedent-retained-interest--35c9c2f5ba.md
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Source location: Title 26, Chapter 11, § 2207B; chapter-011-estate-tax.md
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**(a) Estate tax**
(1) **In general** — If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section 2036 (relating to transfers with retained life estate), the decedent’s estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as—
(A) the value of such property, bears to
(B) the taxable estate.
(2) **Decedent may otherwise direct** — Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.
**(b) More than one recipient** For purposes of this section, if there is more than 1 person receiving the property, the right of recovery shall be against each such person.
**(c) Penalties and interest** In the case of penalties and interest attributable to the additional taxes described in subsection (a), rules similar to the rules of subsections (a) and (b) shall apply.
**(d) No right of recovery against charitable remainder trusts** No person shall be entitled to recover any amount by reason of this section from a trust to which section 664 applies (determined without regard to this section).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** The value of the gross estate shall include the value of all property to the extent of any interest therein of which the decedent has at any time made a transfer (except in case of a bona fide sale for an adequate and full consideration in money or money’s worth), by trust or otherwise, under which he has retained for his life or for any period not ascertainable without reference to his death or for any period which does not in fact end before his death—
(1) the possession or enjoyment of, or the right to the income from, the property, or
(2) the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom.
**(b) Voting rights**
(1) **In general** — For purposes of subsection (a)(1), the retention of the right to vote (directly or indirectly) shares of stock of a controlled corporation shall be considered to be a retention of the enjoyment of transferred property.
(2) **Controlled corporation** — For purposes of paragraph (1), a corporation shall be treated as a controlled corporation if, at any time after the transfer of the property and during the 3-year period ending on the date of the decedent’s death, the decedent owned (with the application of section 318), or had the right (either alone or in conjunction with any person) to vote, stock possessing at least 20 percent of the total combined voting power of all classes of stock.
(3) **Coordination with section 2035** — For purposes of applying section 2035 with respect to paragraph (1), the relinquishment or cessation of voting rights shall be treated as a transfer of property made by the decedent.
**(c) Limitation on application of general rule** This section shall not apply to a transfer made before March
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2036
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Federal law — U.S. Code and appendices · legal_authorities
Page 2630
TITLE 26—INTERNAL REVENUE CODE
§ 2207A
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment 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.
§ 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 (re-
lating to certain property for which marital
deduction was previously allowed), the dece-
dent’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
Paragraph (1) shall not apply with respect to
any property to the extent that the decedent
in his will (or a revocable trust) specifically
indicates an intent to waive any right of re-
covery under this subchapter with respect to
such property.
(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 per-
son under section 2519, such person shall be enti-
tled 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 pay-
able under such chapter for such year if the
value of such property had not been taken into
account for
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 2207B
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