Treasury Regulations (26 C.F.R.)
26 CFR § 1.6013-3
Treatment of joint return after death of either spouse.
For purposes of section 21 (relating to change in rates during a taxable year), section 443 (relating to returns for a period of less than 12 months), and section 7851(a)(1)(A) (relating to the applicability of certain provisions of the Internal Revenue Code of 1954 and the Internal Revenue Code of 1939), where the husband and wife have different taxable years because of death of either spouse, the joint return shall be treated as if the taxable years of both ended on the date of the closing of the surviving spouse's taxable year. Thus, in cases where the Internal Revenue Code of 1939 otherwise would apply to the taxable year of the decedent spouse and the Internal Revenue Code of 1954 would apply to the taxable year of the surviving spouse, this provision makes the Internal Revenue Code of 1954 applicable to the taxable years of both spouses if a joint return is filed.
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In this part (40 sections)
- 1.6011-2 · Returns, etc., of DISC's and former DISC's.
- 1.6011-3 · Requirement of statement from payees of certain gambling…
- 1.6011-4 · Requirement of statement disclosing participation in certain…
- 1.6011-5 · Required use of magnetic media for corporate income tax…
- 1.6011-6 · [Reserved]
- 1.6011-7 · Specified tax return preparers required to file individual…
- 1.6011-8 · Requirement of income tax return for taxpayers who claim the…
- 1.6011-9 · Syndicated conservation easement listed transactions.
- 1.6011-10 · Micro-captive listed transaction.
- 1.6011-11 · Micro-captive transaction of interest.
- 1.6011-15 · Charitable remainder annuity trust listed transaction.
- 1.6011-18 · Certain partnership related-party basis adjustment…
- 1.6012-1 · Individuals required to make returns of income.
- 1.6012-2 · Corporations required to make returns of income.
- 1.6012-3 · Returns by fiduciaries.
- 1.6012-4 · Miscellaneous returns.
- 1.6012-5 · Composite return in lieu of specified form.
- 1.6012-6 · Returns by political organizations.
- 1.6013-1 · Joint returns.
- 1.6013-2 · Joint return after filing separate return.
- 1.6013-3 · Treatment of joint return after death of either spouse.
- 1.6013-4 · Applicable rules.
- 1.6013-6 · Election to treat nonresident alien individual as resident…
- 1.6013-7 · Joint return for year in which nonresident alien becomes…
- 1.6014-1 · Tax not computed by taxpayer for taxable years beginning…
- 1.6014-2 · Tax not computed by taxpayer for taxable years beginning…
- 1.6015-0 · Table of contents.
- 1.6015-1 · Relief from joint and several liability on a joint return.
- 1.6015-2 · Relief from liability applicable to all qualifying joint…
- 1.6015-3 · Allocation of deficiency for individuals who are no longer…
- 1.6015-4 · Equitable relief.
- 1.6015-5 · Time and manner for requesting relief.
- 1.6015-6 · Nonrequesting spouse's notice and opportunity to participate…
- 1.6015-7 · Tax Court review.
- 1.6015-8 · Applicable liabilities.
- 1.6015-9 · Effective date.
- 1.6016-1 · Declarations of estimated income tax by corporations.
- 1.6016-2 · Contents of declaration of estimated tax.
- 1.6016-3 · Amendment of declaration.
- 1.6016-4 · Short taxable year.