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

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

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Stable record: federal_law:legal_authorities:record_usc_d786898277d4448acf6e30e0
Source file: Laws/federal/codes/united-states-code/title-26/section-2032-alternate-valuation--96d3c6a112.md
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Source location: Title 26, Chapter 11, § 2032; chapter-011-estate-tax.md

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**(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 nonoccurrence of a contingency) of the property as of the date 6 months after the decedent’s death (substituting, in the case of property distributed by the executor or trustee, or sold, exchanged, or otherwise disposed of, during such 6-month period, the date thereof). **(c) Election must decrease gross estate and estate tax** No election may be made under this section with respect to an estate unless such election will decrease— (1) the value of the gross estate, and (2) the sum of the tax imposed by this chapter and the tax imposed by chapter 13 with respect to property includible in the decedent’s gross estate (reduced by credits allowable against such taxes). **(d) Election** (1) **In general** — The election provided for in this section shall be made by the executor on the return of the tax imposed by this chapter. Such election, once made, shall be irrevocable. (2) **Exception** — No election may be made under this section if such return is filed more than 1 year after the time prescribed by law (including extensions) for filing such return.

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6905

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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.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2611

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

26 U.S.C. § 1223 — Holding period of property

For purposes of this subtitle— (1) In determining the period for which the taxpayer has held property received in an exchange, there shall be included the period for which he held the property exchanged if, under this chapter, the property has, for the purpose of determining gain or loss from a sale or exchange, the same basis in whole or in part in his hands as the property exchanged, and, in the case of such exchanges the property exchanged at the time of such exchange was a capital asset as defined in section 1221 or property described in section 1231. For purposes of this paragraph— (A) an involuntary conversion described in section 1033 shall be considered an exchange of the property converted for the property acquired, and (B) a distribution to which section 355 (or so much of section 356 as relates to section 355) applies shall be treated as an exchange. (2) In determining the period for which the taxpayer has held property however acquired there shall be included the period for which such property was held by any other person, if under this chapter such property has, for the purpose of determining gain or loss from a sale or exchange, the same basis in whole or in part in his hands as it would have in the hands of such other person. (3) In determining the period for which the taxpayer has held stock or securities the acquisition of which (or the contract or option to acquire which) resulted in the nondeductibility (under section 1091 relating to wash sales) of the loss from the sale or other disposition of substantially identical stock or securities, there shall be included the period for which he held the stock or securities the loss from the sale or other disposition of which was not deductible. (4) In determining the period for which the taxpayer ha

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 1223

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

26 U.S.C. § 2055 — Transfers for public, charitable, and religious uses

**(a) In general** For purposes of the tax imposed by section 2001, the value of the taxable estate shall be determined by deducting from the value of the gross estate the amount of all bequests, legacies, devises, or transfers— (1) to or for the use of the United States, any State, any political subdivision thereof, or the District of Columbia, for exclusively public purposes; (2) to or for the use of any corporation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, including the encouragement of art, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), and the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private stockholder or individual, which is not disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office; (3) to a trustee or trustees, or a fraternal society, order, or association operating under the lodge system, but only if such contributions or gifts are to be used by such trustee or trustees, or by such fraternal society, order, or association, exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, such trust, fraternal society, order, or association would not be disqualified for tax exemption under section 501(c)(3) by reason of attempting to influence legislation, and such trustee or trustees, o

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2055

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

26 U.S.C. § 2204 — Discharge of fiduciary from personal liability

**(a) General rule** If the executor makes written application to the Secretary for determination of the amount of the tax and discharge from personal liability therefor, the Secretary (as soon as possible, and in any event within 9 months after the making of such application, or, if the application is made before the return is filed, then within 9 months after the return is filed, but not after the expiration of the period prescribed for the assessment of the tax in section 6501) shall notify the executor of the amount of the tax. The executor, on payment of the amount of which he is notified (other than any amount the time for payment of which is extended under sections 6161, 6163, or 6166), and on furnishing any bond which may be required for any amount for which the time for payment is extended, shall be discharged from personal liability for any deficiency in tax thereafter found to be due and shall be entitled to a receipt or writing showing such discharge. **(b) Fiduciary other than the executor** If a fiduciary (not including a fiduciary in respect of the estate of a nonresident decedent) other than the executor makes written application to the Secretary for determination of the amount of any estate tax for which the fiduciary may be personally liable, and for discharge from personal liability therefor, the Secretary upon the discharge of the executor from personal liability under subsection (a), or upon the expiration of 6 months after the making of such application by the fiduciary, if later, shall notify the fiduciary (1) of the amount of such tax for which it has been determined the fiduciary is liable, or (2) that it has been determined that the fiduciary is not liable for any such tax. Such application shall be accompanied by a copy of the instrument, if

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 2204

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

26 U.S.C. § 6040 — Cross references

(1) For the notice required of persons acting in a fiduciary capacity for taxpayers or for transferees, see sections 6212, 6901(g), and 6903. (2) For application by fiduciary for determination of tax and discharge from personal liability therefor, see section 2204. (3) For the notice required of taxpayers for redetermination of taxes claimed as credits, see sections 905(c) and 2016. (4) For exemption certificates required to be furnished to employers by employees, see section 3402(f)(2), (3), (4), and (5). (5) For receipts, constituting information returns, required to be furnished to employees, see section 6051. (6) Repealed. Pub. L. 89–44, title III, § 305(b), June 21, 1965, 79 Stat. 148] (7) For information required with respect to the redemption of stamps, see section 6805. (8) For the statement required to be filed by a corporation expecting a net operating loss carryback or unused excess profits credit carryback, see section 6164. (9) For the application, which a taxpayer may file for a tentative carryback adjustment of income taxes, see section 6411.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6040

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

26 U.S.C. § 6075 — Time for filing estate and gift tax returns

**(a) Estate tax returns** Returns made under section 6018(a) (relating to estate taxes) shall be filed within 9 months after the date of the decedent’s death. **(b) Gift tax returns** (1) **General rule** — Returns made under section 6019 (relating to gift taxes) shall be filed on or before the 15th day of April following the close of the calendar year. (2) **Extension where taxpayer granted extension for filing income tax return** — Any extension of time granted the taxpayer for filing the return of income taxes imposed by subtitle A for any taxable year which is a calendar year shall be deemed to be also an extension of time granted the taxpayer for filing the return under section 6019 for such calendar year. (3) **Coordination with due date for estate tax return** — Notwithstanding paragraphs (1) and (2), the time for filing the return made under section 6019 for the calendar year which includes the date of death of the donor shall not be later than the time (including extensions) for filing the return made under section 6018 (relating to estate tax returns) with respect to such donor.

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6075

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

26 U.S.C. § 6091 — Place for filing returns or other documents

**(a) General rule** When not otherwise provided for by this title, the Secretary shall by regulations prescribe the place for the filing of any return, declaration, statement, or other document, or copies thereof, required by this title or by regulations. **(b) Tax returns** In the case of returns of tax required under authority of part II of this subchapter— (1) **Persons other than corporations** (A) *General rule* — Except as provided in subparagraph (B), a return (other than a corporation return) shall be made to the Secretary— (i) in the internal revenue district in which is located the legal residence or principal place of business of the person making the return, or (ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary may by regulations designate. (B) *Exception* — Returns of— (i) persons who have no legal residence or principal place of business in any internal revenue district, (ii) citizens of the United States whose principal place of abode for the period with respect to which the return is filed is outside the United States, (iii) persons who claim the benefits of section 911 (relating to citizens or residents of the United States living abroad), section 931 (relating to income from sources within Guam, American Samoa, or the Northern Mariana Islands), or section 933 (relating to income from sources within Puerto Rico), (iv) nonresident alien persons, and (v) persons with respect to whom an assessment was made under section 6851(a) or 6852(a) (relating to termination assessments) with respect to the taxable year, (2) **Corporations** (A) *General rule* — Except as provided in subparagraph (B), a return of a corporation shall be made to the Secretary—

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6091

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

26 U.S.C. § 6161 — Extension of time for paying tax

**(a) Amount determined by taxpayer on return** (1) **General rule** — The Secretary, except as otherwise provided in this title, may extend the time for payment of the amount of the tax shown, or required to be shown, on any return or declaration required under authority of this title (or any installment thereof), for a reasonable period not to exceed 6 months (12 months in the case of estate tax) from the date fixed for payment thereof. Such extension may exceed 6 months in the case of a taxpayer who is abroad. (2) **Estate tax** — The Secretary may, for reasonable cause, extend the time for payment of— (A) any part of the amount determined by the executor as the tax imposed by chapter 11, or (B) any part of any installment under section 6166 (including any part of a deficiency prorated to any installment under such section). for a reasonable period not in excess of 10 years from the date prescribed by section 6151(a) for payment of the tax (or, in the case of an amount referred to in subparagraph (B), if later, not beyond the date which is 12 months after the due date for the last installment). **(b) Amount determined as deficiency** (1) **Income, gift, and certain other taxes** — Under regulations prescribed by the Secretary, the Secretary may extend the time for the payment of the amount determined as a deficiency of a tax imposed by chapter 1, 12, 41, 42, 43, or 44 for a period not to exceed 18 months from the date fixed for the payment of the deficiency, and in exceptional cases, for a further period not to exceed 12 months. An extension under this paragraph may be granted only where it is shown to the satisfaction of the Secretary that payment of a deficiency upon the date fixed for the payment thereof will result in undue hardship to the taxpayer in

Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6161

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