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Federal law — U.S. Code and appendices · legal_authorities
The tax imposed by this chapter shall be paid by the executor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2002
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Source file: Laws/federal/codes/united-states-code/title-26/section-2002-liability-for-payment--c8a96e8216.md
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Source location: Title 26, Chapter 11, § 2002; chapter-011-estate-tax.md
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes Section, added Pub. L. 107–16, title V, § 501(a), June 7, 2001, 115 Stat. 69, related to termination of applicability of chapter to estates of decedents dying after Dec. 31, 2009. A prior section 2210, added Pub. L. 98–369, div. A, title V, § 544(a), July 18, 1984, 98 Stat. 892; amended Pub. L. 99–514, title XVIII, §§ 1854(d)(1)(A), (2)–(6), 1899A(37), Oct. 22, 1986, 100 Stat. 2879, 2880, 2960, related to liability for payment in case of transfer of employer securities to an employee stock ownership plan or a worker-owned cooperative, prior to repeal by Pub. L. 101–239, title VII, § 7304(b)(1), (3), Dec. 19, 1989, 103 Stat. 2353, applicable to estates of decedents dying after July 12, 1989. #### Effective Date of Repeal Repeal of section applicable to estates of decedents dying, and transfers made after Dec. 31, 2009, except as otherwise provided, see section 301(e) of Pub. L. 111–312, set out as an Effective and Termination Dates of 2010 Amendment note under [section 121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section121&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2210
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Returns by executor** (1) **Citizens or residents** — In all cases where the gross estate at the death of a citizen or resident exceeds the basic exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death, the executor shall make a return with respect to the estate tax imposed by subtitle B. (2) **Nonresidents not citizens of the United States** — In the case of the estate of every nonresident not a citizen of the United States if that part of the gross estate which is situated in the United States exceeds $60,000, the executor shall make a return with respect to the estate tax imposed by subtitle B. (3) **Adjustment for certain gifts** — The amount applicable under paragraph (1) and the amount set forth in paragraph (2) shall each be reduced (but not below zero) by the sum of— (A) the amount of the adjusted taxable gifts (within the meaning of section 2001(b)) made by the decedent after December 31, 1976, plus (B) the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after September 8, 1976. **(b) Returns by beneficiaries** If the executor is unable to make a complete return as to any part of the gross estate of the decedent, he shall include in his return a description of such part and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary such person shall in like manner make a return as to such part of the gross estate.
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6018
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 5-year deferral; 10-year installment payment** (1) **In general** — If the value of an interest in a closely held business which is included in determining the gross estate of a decedent who was (at the date of his death) a citizen or resident of the United States exceeds 35 percent of the adjusted gross estate, the executor may elect to pay part or all of the tax imposed by section 2001 in 2 or more (but not exceeding 10) equal installments. (2) **Limitation** — The maximum amount of tax which may be paid in installments under this subsection shall be an amount which bears the same ratio to the tax imposed by section 2001 (reduced by the credits against such tax) as— (A) the closely held business amount, bears to (B) the amount of the adjusted gross estate. (3) **Date for payment of installments** — If an election is made under paragraph (1), the first installment shall be paid on or before the date selected by the executor which is not more than 5 years after the date prescribed by section 6151(a) for payment of the tax, and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment. **(b) Definitions and special rules** (1) **Interest in closely held business** — For purposes of this section, the term “interest in a closely held business” means— (A) an interest as a proprietor in a trade or business carried on as a proprietorship; (B) an interest as a partner in a partnership carrying on a trade or business, if— (i) 20 percent or more of the total capital interest in such partnership is included in determining the gross estate of the decedent, or (ii) such partnership had 45 or fewer partners; or (C) stock in a corporation carr
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6166
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Federal law — U.S. Code and appendices · legal_authorities
Page 2567 TITLE 26—INTERNAL REVENUE CODE § 2010 cember 31, 2009, and before January 1, 2011, the executor (within the meaning of section 2203 of the Internal Rev- enue Code of 1986) may elect to apply such Code as though the amendments made by subsection (a) do not apply with respect to chapter 11 of such Code and with respect to property acquired or passing from such dece- dent (within the meaning of section 1014(b) of such Code). Such election shall be made at such time and in such manner as the Secretary of the Treasury or the Secretary’s delegate shall provide. Such an election once made shall be revocable only with the consent of the Secretary of the Treasury or the Secretary’s dele- gate. For purposes of section 2652(a)(1) of such Code, the determination of whether any property is subject to the tax imposed by such chapter 11 shall be made with- out regard to any election made under this sub- section.’’ CLARIFICATION OF TREATMENT OF CERTAIN EXEMPTIONS FOR PURPOSES OF FEDERAL ESTATE AND GIFT TAXES Pub. L. 98–369, div. A, title VI, § 641, July 18, 1984, 98 Stat. 939, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘(a) GENERAL RULE.—Nothing in any provision of law exempting any property (or interest therein) from tax- ation shall exempt the transfer of such property (or in- terest therein) from Federal estate, gift, and genera- tion-skipping transfer taxes. In the case of any provi- sion of law enacted after the date of the enactment of this Act [July 18, 1984], such provision shall not be treated as exempting the transfer of property from Fed- eral estate, gift, and generation-skipping transfer taxes unless it refers to the appropriate provisions of the In- ternal Revenue Code of 1986 [formerly I.R.C. 1954]. ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 2002
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