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26 U.S.C. § 6905 — Discharge of executor from personal liability for decedent’s income and gift taxes

Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6905 — Discharge of executor from personal liability for decedent’s income and gift taxes

**(a) Discharge of liability** In the case of liability of a decedent for taxes imposed by subtitle A or by chapter 12, if the executor makes written application (filed after the return with respect to such taxes is made and filed in such manner and such form as may be prescribed by regulations of the Secretary) for release from personal liability for such taxes, the Secretary may notify the executor of the amount of such taxes. The executor, upon payment of the amount of which he is notified, or 9 months after receipt of the application if no notification is made by the Secretary before such date, shall be discharged from personal liability for any deficiency in such tax thereafter found to be due, and shall be entitled to a receipt or writing showing such discharge. **(b) Definition of executor** For purposes of this section, the term “executor” means the executor or administrator of the decedent appointed, qualified, and acting within the United States. **(c) Cross reference** For discharge of executor from personal liability for taxes imposed under chapter 11, see section 2204.

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Stable record: federal_law:legal_authorities:record_usc_9dcb4cf28954f072ed5d8793
Source file: Laws/federal/codes/united-states-code/title-26/section-6905-discharge-of-executor-from-personal-liability-for-decedents-income-and-g--feaea0936a.md
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Source location: Title 26, Chapter 71, § 6905; chapter-071-transferees-and-fiduciaries.md

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**(a) Discharge of liability** In the case of liability of a decedent for taxes imposed by subtitle A or by chapter 12, if the executor makes written application (filed after the return with respect to such taxes is made and filed in such manner and such form as may be prescribed by regulations of the Secretary) for release from personal liability for such taxes, the Secretary may notify the executor of the amount of such taxes. The executor, upon payment of the amount of which he is notified, or 9 months after receipt of the application if no notification is made by the Secretary before such date, shall be discharged from personal liability for any deficiency in such tax thereafter found to be due, and shall be entitled to a receipt or writing showing such discharge. **(b) Definition of executor** For purposes of this section, the term “executor” means the executor or administrator of the decedent appointed, qualified, and acting within the United States. **(c) Cross reference** For discharge of executor from personal liability for taxes imposed under chapter 11, see section 2204.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 2032 — Alternate valuation

**(a) General** The value of the gross estate may be determined, if the executor so elects, by valuing all the property included in the gross estate as follows: (1) In the case of property distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date of distribution, sale, exchange, or other disposition. (2) In the case of property not distributed, sold, exchanged, or otherwise disposed of, within 6 months after the decedent’s death such property shall be valued as of the date 6 months after the decedent’s death. (3) Any interest or estate which is affected by mere lapse of time shall be included at its value as of the time of death (instead of the later date) with adjustment for any difference in its value as of the later date not due to mere lapse of time. **(b) Special rules** No deduction under this chapter of any item shall be allowed if allowance for such items is in effect given by the alternate valuation provided by this section. Wherever in any other subsection or section of this chapter reference is made to the value of property at the time of the decedent’s death, such reference shall be deemed to refer to the value of such property used in determining the value of the gross estate. In case of an election made by the executor under this section, then— (1) for purposes of the charitable deduction under section 2055 or 2106(a)(2), any bequest, legacy, devise, or transfer enumerated therein, and (2) for the purpose of the marital deduction under section 2056, any interest in property passing to the surviving spouse, shall be valued as of the date of the decedent’s death with adjustment for any difference in value (not due to mere lapse of time or the occurrence or nonoccurren

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2032

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 2001 — Imposition and rate of tax

**(a) Imposition** A tax is hereby imposed on the transfer of the taxable estate of every decedent who is a citizen or resident of the United States. **(b) Computation of tax** The tax imposed by this section shall be the amount equal to the excess (if any) of— (1) a tentative tax computed under subsection (c) on the sum of— (A) the amount of the taxable estate, and (B) the amount of the adjusted taxable gifts, over (2) the aggregate amount of tax which would have been payable under chapter 12 with respect to gifts made by the decedent after December 31, 1976, if the modifications described in subsection (g) had been applicable at the time of such gifts. For purposes of paragraph (1)(B), the term “adjusted taxable gifts” means the total amount of the taxable gifts (within the meaning of section 2503) made by the decedent after December 31, 1976, other than gifts which are includible in the gross estate of the decedent. **(c) Rate schedule** If the amount with respect to which the tentative tax to be computed is:The tentative tax is: Not over $10,00018 percent of such amount. Over $10,000 but not over $20,000$1,800, plus 20 percent of the excess of such amount over $10,000. Over $20,000 but not over $40,000$3,800, plus 22 percent of the excess of such amount over $20,000. Over $40,000 but not over $60,000$8,200 plus 24 percent of the excess of such amount over $40,000. Over $60,000 but not over $80,000$13,000, plus 26 percent of the excess of such amount over $60,000. Over $80,000 but not over $100,000$18,200, plus 28 percent of the excess of such amount over $80,000. Over $100,000 but not over $150,000$23,800, plus 30 percent of the excess of such amount over $100,000. Over $150,000 but not over $250,000$38,800, plus 32 percent of the excess of such amount ove

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2001

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 6905 — Discharge of executor from personal li-

Page 3843 TITLE 26—INTERNAL REVENUE CODE § 6905 the Secretary is prohibited from making the as- sessment in respect of the liability of the trans- feree or fiduciary (and in any event, if a pro- ceeding in respect of the liability is placed on the docket of the Tax Court, until the decision of the Tax Court becomes final), and for 60 days thereafter. (g) Address for notice of liability In the absence of notice to the Secretary under section 6903 of the existence of a fiduciary relationship, any notice of liability enforceable under this section required to be mailed to such person, shall, if mailed to the person subject to the liability at his last known address, be suffi- cient for purposes of this title, even if such per- son is deceased, or is under a legal disability, or, in the case of a corporation, has terminated its existence. (h) Definition of transferee As used in this section, the term ‘‘transferee’’ includes donee, heir, legatee, devisee, and dis- tributee, and with respect to estate taxes, also includes any person who, under section 6324(a)(2), is personally liable for any part of such tax. (i) Extension of time For extensions of time by reason of armed service in a combat zone, see section 7508. (Aug. 16, 1954, ch. 736, 68A Stat. 841; Pub. L. 94–455, title XIX, § 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 97–258, § 3(f)(10), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 115–141, div. U, title IV, § 401(a)(322), Mar. 23, 2018, 132 Stat. 1199.) Editorial Notes AMENDMENTS 2018—Subsec. (a)(1)(B). Pub. L. 115–141 substituted ‘‘Code, in’’ for ‘‘Code in’’. 1982—Subsec. (a)(1)(B). Pub. L. 97–258 substituted ‘‘section 3713(b) of title 31, United States Code’’ for ‘‘section 3467 of the Revised Statutes (31 U.S.C. 192)’’. 1976

Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6905

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