26 C.F.R. § 20.2037-1 Transfers Taking Effect At Death
Library | Code of Federal Regulations |
Edition | 2023 |
Currency | Current through November 30, 2023 |
Citation | 26 C.F.R. § 20.2037-1 |
Year | 2023 |
(a)
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(1) Possession or
enjoyment of the property could, through ownership of the interest, have been
obtained only by surviving the decedent,
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(2) The decedent had retained a possibility
(referred to in this section as a "reversionary interest") that the property
other than the income alone, would return to the decedent or his estate or
would be subject to a power of disposition by him, and
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(3) The value of the reversionary interest
immediately before the decedent's death exceeded 5 percent of the value of the
entire property
(b)
(c)
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(1) As indicated in
paragraph (a) of this section, the value of an interest in transferred property
is not included in a decedent's gross estate under section 2037 unless the
decedent had retained a reversionary interest in the property, and the value of
the reversionary interest immediately before the death of the decedent exceeded
5 percent of the value of the property.
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(2) For purposes of section 2037, the term
"reversionary interest" includes a possibility that property transferred by the
decedent may return to him or his estate and a possibility that property
transferred by the decedent may become subject to a power of disposition by
him. The term is not used in a...
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