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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. § 2044 Certain property for which marital deduction was previously allowed us united_states_code code_section 26 INTERNAL REVENUE CODE 11 ESTATE TAX 2044 26 U.S.C. § 2044 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/s2044 data/legal/raw/us/code/title-26/usc26.xml b0310a87b37ba5a524d8a3803add024c3484d839e608f9bffe7d45d2864ac7e7 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 c8d86257fe557161b2b3b5228d8701fcfe3f8d1666f65477719e4bc17482dfff 2026-07-04 official
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26 U.S.C. § 2044 - Certain property for which marital deduction was previously allowed

Text

(a) General rule The value of the gross estate shall include the value of any property to which this section applies in which the decedent had a qualifying income interest for life.

(b) Property to which this section applies This section applies to any property if—

(1) a deduction was allowed with respect to the transfer of such property to the decedent—

(A) under section 2056 by reason of subsection (b)(7) thereof, or

(B) under section 2523 by reason of subsection (f) thereof, and

(2) section 2519 (relating to dispositions of certain life estates) did not apply with respect to a disposition by the decedent of part or all of such property.

(c) Property treated as having passed from decedent For purposes of this chapter and chapter 13, property includible in the gross estate of the decedent under subsection (a) shall be treated as property passing from the decedent.

(Added Pub. L. 9734, title IV, § 403(d)(3)(A)(i), Aug. 13, 1981, 95 Stat. 304; amended Pub. L. 97448, title I, § 104(a)(1)(B), Jan. 12, 1983, 96 Stat. 2380.)

Notes

Editorial Notes

Prior ProvisionsA prior section 2044 was renumbered section 2045 of this title.

Amendments1983—Subsec. (c). Pub. L. 97448 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1983 AmendmentAmendment by Pub. L. 97448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Pub. L. 9734, to which such amendment relates, see section 109 of Pub. L. 97448, set out as a note under section 1 of this title.

Effective DateSection applicable to estates of decedents dying after Dec. 31, 1981, see section 403(e) of Pub. L. 9734, set out as an Effective Date of 1981 Amendment note under section 2056 of this title.