Treasury Regulations (26 C.F.R.)
26 CFR § 20.2043-1
Transfers for insufficient consideration.
# (a) In general.
The transfers, trusts, interests, rights or powers enumerated and described in sections 2035 through 2038 and section 2041 are not subject to the Federal estate tax if made, created, exercised, or relinquished in a transaction which constituted a bona fide sale for an adequate and full consideration in money or money's worth. To constitute a bona fide sale for an adequate and full consideration in money or money's worth, the transfer must have been made in good faith, and the price must have been an adequate and full equivalent reducible to a money value. If the price was less than such a consideration, only the excess of the fair market value of the property (as of the applicable valuation date) over the price received by the decedent is included in ascertaining the value of his gross estate.
# (b) Marital rights and support obligations.
For purposes of chapter 11, a relinquishment or promised relinquishment or dower, curtesy, or of a statutory estate created in lieu of dower or curtesy, or of other marital rights in the decedent's property or estate, is not to any extent a consideration in “money or money's worth.”
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In this part (40 sections)
- 20.2032-1 · Alternate valuation.
- 20.2032A-3 · Material participation requirements for valuation of…
- 20.2032A-4 · Method of valuing farm real property.
- 20.2032A-8 · Election and agreement to have certain property valued…
- 20.2033-1 · Property in which the decedent had an interest.
- 20.2034-1 · Dower or curtesy interests.
- 20.2036-1 · Transfers with retained life estate.
- 20.2037-1 · Transfers taking effect at death.
- 20.2038-1 · Revocable transfers.
- 20.2039-1 · Annuities.
- 20.2039-1T · Limitations and repeal of estate tax exclusion for…
- 20.2039-2 · Annuities under “qualified plans” and section 403(b)…
- 20.2039-3 · Lump sum distributions under “qualified plans;” decedents…
- 20.2039-4 · Lump sum distributions from “qualified plans;” decedents…
- 20.2039-5 · Annuities under individual retirement plans.
- 20.2040-1 · Joint interests.
- 20.2041-1 · Powers of appointment; in general.
- 20.2041-2 · Powers of appointment created on or before October 21, 1942.
- 20.2041-3 · Powers of appointment created after October 21, 1942.
- 20.2042-1 · Proceeds of life insurance.
- 20.2043-1 · Transfers for insufficient consideration.
- 20.2044-1 · Certain property for which marital deduction was previously…
- 20.2044-2 · Effective dates.
- 20.2045-1 · Applicability to pre-existing transfers or interests.
- 20.2046-1 · Disclaimed property.
- 20.2031-7A · Valuation of annuities, interests for life or a term of…
- 20.2051-1 · Definition of taxable estate.
- 20.2052-1 · Exemption.
- 20.2053-1 · Deductions for expenses, indebtedness, and taxes; in…
- 20.2053-2 · Deduction for funeral expenses.
- 20.2053-3 · Deduction for expenses of administering estate.
- 20.2053-4 · Deduction for claims against the estate.
- 20.2053-5 · Deductions for charitable, etc., pledges or subscriptions.
- 20.2053-6 · Deduction for taxes.
- 20.2053-7 · Deduction for unpaid mortgages.
- 20.2053-8 · Deduction for expenses in administering property not…
- 20.2053-9 · Deduction for certain State death taxes.
- 20.2053-10 · Deduction for certain foreign death taxes.
- 20.2054-1 · Deduction for losses from casualties or theft.
- 20.2055-1 · Deduction for transfers for public, charitable, and…