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26 U.S.C. § 2515 — Treatment of generation-skipping transfer tax

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

26 U.S.C. § 2515 — Treatment of generation-skipping transfer tax

In the case of any taxable gift which is a direct skip (within the meaning of chapter 13), the amount of such gift shall be increased by the amount of any tax imposed on the transferor under chapter 13 with respect to such gift.

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Stable record: federal_law:legal_authorities:record_usc_abc52cc95fe25f1e9e27576f
Source file: Laws/federal/codes/united-states-code/title-26/section-2515-treatment-of-generation-skipping-transfer-tax--3154e90fb0.md
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Source location: Title 26, Chapter 12, § 2515; chapter-012-gift-tax.md

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In the case of any taxable gift which is a direct skip (within the meaning of chapter 13), the amount of such gift shall be increased by the amount of any tax imposed on the transferor under chapter 13 with respect to such gift.

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

26 U.S.C. § 2601 — Tax imposed

A tax is hereby imposed on every generation-skipping transfer (within the meaning of subchapter B).

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

26 U.S.C. § 2611 — Generation-skipping transfer defined

**(a) In general** For purposes of this chapter, the term “generation-skipping transfer” means— (1) a taxable distribution, (2) a taxable termination, and (3) a direct skip. **(b) Certain transfers excluded** The term “generation-skipping transfer” does not include— (1) any transfer which, if made inter vivos by an individual, would not be treated as a taxable gift by reason of section 2503(e) (relating to exclusion of certain transfers for educational or medical expenses), and (2) any transfer to the extent— (A) the property transferred was subject to a prior tax imposed under this chapter, (B) the transferee in the prior transfer was assigned to the same generation as (or a lower generation than) the generation assignment of the transferee in this transfer, and (C) such transfers do not have the effect of avoiding tax under this chapter with respect to any transfer.

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

26 U.S.C. § 2040 — Joint interests

**(a) General rule** The value of the gross estate shall include the value of all property to the extent of the interest therein held as joint tenants with right of survivorship by the decedent and any other person, or as tenants by the entirety by the decedent and spouse, or deposited, with any person carrying on the banking business, in their joint names and payable to either or the survivor, except such part thereof as may be shown to have originally belonged to such other person and never to have been received or acquired by the latter from the decedent for less than an adequate and full consideration in money or money’s worth: Provided, That where such property or any part thereof, or part of the consideration with which such property was acquired, is shown to have been at any time acquired by such other person from the decedent for less than an adequate and full consideration in money or money’s worth, there shall be excepted only such part of the value of such property as is proportionate to the consideration furnished by such other person: Provided further, That where any property has been acquired by gift, bequest, devise, or inheritance, as a tenancy by the entirety by the decedent and spouse, then to the extent of one-half of the value thereof, or, where so acquired by the decedent and any other person as joint tenants with right of survivorship and their interests are not otherwise specified or fixed by law, then to the extent of the value of a fractional part to be determined by dividing the value of the property by the number of joint tenants with right of survivorship. **(b) Certain joint interests of husband and wife** (1) **Interests of spouse excluded from gross estate** — Notwithstanding subsection (a), in the case of any qualified joint interest, t

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

26 U.S.C. § 2515 — Treatment of generation-skipping transfer

Page 2642 TITLE 26—INTERNAL REVENUE CODE § 2515 be deemed adverse to such exercise of the possessor’s power; (C) if (after the application of subpara- graphs (A) and (B)) the power is a general power of appointment and is exercisable in favor of such other person—such power shall be deemed a general power of appointment only in respect of a fractional part of the property subject to such power, such part to be determined by dividing the value of such property by the number of such persons (in- cluding the possessor) in favor of whom such power is exercisable. For purposes of subparagraphs (B) and (C), a power shall be deemed to be exercisable in favor of a person if it is exercisable in favor of such person, his estate, his creditors, or the creditors of his estate. (d) Creation of another power in certain cases If a power of appointment created after Octo- ber 21, 1942, is exercised by creating another power of appointment which, under the applica- ble local law, can be validly exercised so as to postpone the vesting of any estate or interest in the property which was subject to the first power, or suspend the absolute ownership or power of alienation of such property, for a pe- riod ascertainable without regard to the date of the creation of the first power, such exercise of the first power shall, to the extent of the prop- erty subject to the second power, be deemed a transfer of property by the individual possessing such power. (e) Lapse of power The lapse of a power of appointment created after October 21, 1942, during the life of the indi- vidual possessing the power shall be considered a release of such power. The rule of the pre- ceding sentence shall apply with respect to the lapse of powers during any calendar year only to the ex

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