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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 2207 Liability of recipient of property over which decedent had power of appointment us united_states_code code_section 26 INTERNAL REVENUE CODE 11 ESTATE TAX 2207 26 U.S.C. § 2207 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s2207 data/legal/raw/us/code/title-26/usc26.xml 16b926112210c710d18ff6dc042493feae2659687c4b4a32d44dabbf89d766fa a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 05215cf4853920d61885493ca7bf954556d8c9bafd36c1fa8153b0d54699ffba 2026-07-04 official
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26 U.S.C. § 2207 - Liability of recipient of property over which decedent had power of appointment

Text

Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under section 2041, the executor shall be entitled to recover from the person receiving such property by reason of the exercise, nonexercise, or release of a power of appointment such portion of the total tax paid as the value of such property bears to the taxable estate. If there is more than one such person, the executor shall be entitled to recover from such persons in the same ratio. In the case of such property received by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such property except as to the value thereof reduced by an amount equal to the excess of the aggregate amount of the marital deductions allowed under section 2056 over the amount of proceeds of insurance upon the life of the decedent receivable by the surviving spouse for which proceeds a marital deduction is allowed under such section.

(Aug. 16, 1954, ch. 736, 68A Stat. 402; Pub. L. 94455, title XX, § 2001(c)(1)(I), Oct. 4, 1976, 90 Stat. 1852.)

Notes

Editorial Notes

Amendments1976—Pub. L. 94455 substituted “the taxable estate” for “the sum of the taxable estate and the amount of the exemption allowed in computing the taxable estate, determined under section 2052, or section 2106(a), as the case may be” after “property bears to”.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 AmendmentAmendment by Pub. L. 94455 applicable to estates of decedents dying after Dec. 31, 1976, see section 2001(d)(1) of Pub. L. 94455, set out as a note under section 2001 of this title.