Internal Revenue Code (Title 26 U.S.C.)
26 U.S.C. § 2207B
Right of recovery where decedent retained interest
# (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 decedent's 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).
Source: view the official text
Nearby sections (25 sections)
- 2105 · Property without the United States
- 2106 · Taxable estate
- 2107 · Expatriation to avoid tax
- 2108 · Application of pre-1967 estate tax provisions
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- 2202 · [§2202. Repealed. Pub. L. 94–455, title XIX, §1902(a)(8), Oct.…
- 2203 · Definition of executor
- 2204 · Discharge of fiduciary from personal liability
- 2205 · Reimbursement out of estate
- 2206 · Liability of life insurance beneficiaries
- 2207 · Liability of recipient of property over which decedent had power…
- 2207A · Right of recovery in the case of certain marital deduction…
- 2207B · Right of recovery where decedent retained interest
- 2208 · Certain residents of possessions considered citizens of the…
- 2209 · Certain residents of possessions considered nonresidents not…
- 2210 · [§2210. Repealed. Pub. L. 111–312, title III, §301(a), Dec. 17,…
- 2501 · Imposition of tax
- 2502 · Rate of tax
- 2503 · Taxable gifts
- 2504 · Taxable gifts for preceding calendar periods
- 2505 · Unified credit against gift tax
- 2511 · Transfers in general
- 2512 · Valuation of gifts
- 2513 · Gift by husband or wife to third party
- 2514 · Powers of appointment