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2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 2207B Right of recovery where decedent retained interest us united_states_code code_section 26 INTERNAL REVENUE CODE 11 ESTATE TAX 2207B 26 U.S.C. § 2207B 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/s2207B data/legal/raw/us/code/title-26/usc26.xml 35fcf54f4c5f638c9cccc2b45b60b8218a323e975e3517aea6e324c980ba09e8 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 b10eb5f7ea8660d4e716772c652763fee0b3e868d10965150d689d57f7d54764 2026-07-04 official
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26 U.S.C. § 2207B - Right of recovery where decedent retained interest

Text

(a) Estate tax (1) In general If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section 2036 (relating to transfers with retained life estate), the decedents estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as—

(A) the value of such property, bears to

(B) the taxable estate.

(2) Decedent may otherwise direct Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property.

(b) More than one recipient For purposes of this section, if there is more than 1 person receiving the property, the right of recovery shall be against each such person.

(c) Penalties and interest In the case of penalties and interest attributable to the additional taxes described in subsection (a), rules similar to the rules of subsections (a) and (b) shall apply.

(d) No right of recovery against charitable remainder trusts No person shall be entitled to recover any amount by reason of this section from a trust to which section 664 applies (determined without regard to this section).

(Added Pub. L. 100647, title III, § 3031(f)(1), Nov. 10, 1988, 102 Stat. 3637; amended Pub. L. 101508, title XI, § 11601(b)(1), Nov. 5, 1990, 104 Stat. 1388490; Pub. L. 10534, title XIII, § 1302(b), Aug. 5, 1997, 111 Stat. 1039.)

Notes

Editorial Notes

Amendments1997—Subsec. (a)(2). Pub. L. 10534 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply if the decedent otherwise directs in a provision of his will (or a revocable trust) specifically referring to this section.” 1990—Subsec. (b). Pub. L. 101508, § 11601(b)(1)(A), redesignated former subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “If for any calendar year tax is paid under chapter 12 with respect to any person by reason of property treated as transferred by such person under section 2036(c)(4), such person shall be entitled to recover from the original transferee (as defined in section 2036(c)(4)(C)(ii)) the amount which bears the same ratio to the total tax for such year under chapter 12 as— “(1) the value of such property for purposes of chapter 12, bears to “(2) the total amount of the taxable gifts for such year.” Subsec. (c). Pub. L. 101508, § 11601(b)(1), redesignated subsec. (d) as (c) and substituted “subsection (a)” for “subsections (a) and (b)” and “subsections (a) and (b)” for “subsections (a), (b), and (c)”. Former subsec. (c) redesignated (b). Subsecs. (d), (e). Pub. L. 101508, § 11601(b)(1)(A), redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former subsec. (d) redesignated (c).

Statutory Notes and Related Subsidiaries

Effective Date of 1997 AmendmentAmendment by Pub. L. 10534 applicable with respect to estates of decedents dying after Aug. 5, 1997, see section 1302(c) of Pub. L. 10534, set out as a note under section 2207A of this title.

Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 applicable in the case of property transferred after Dec. 17, 1987, see section 11601(c) of Pub. L. 101508, set out as a note under section 2036 of this title.

Effective DateSection effective as if included in provisions of Revenue Act of 1987, Pub. L. 100203, title X, except that if an amount is included in the gross estate of a decedent under section 2036 of this title other than solely by reason of section 2036(c) of this title, section applicable to such amount only with respect to property transferred after Nov. 10, 1988, see section 3031(h)(1), (3) of Pub. L. 100647, set out as an Effective Date of 1988 Amendment note under section 2036 of this title.