Source
(Aug. 16, 1954, ch. 736, 68A Stat. 389; Feb. 20, 1956, ch. 63, § 2, 70 Stat. 23; Pub. L. 85–866, title I, § 102(c)(3), Sept. 2, 1958, 72 Stat. 1674; Pub. L. 86–175, § 1, Aug. 21, 1959, 73 Stat. 396; Pub. L. 94–455, title XIX, §§ 1902(a)(12) (B),
1906
(b)(13)(A), Oct. 4, 1976, 90 Stat. 1806, 1834; Pub. L. 98–369, div. A, title IV, § 425(a)(2), title X, § 1027(b), July 18, 1984, 98 Stat. 804, 1031; Pub. L. 100–647, title I, § 1011A(g)(11), Nov. 10, 1988, 102 Stat. 3482; Pub. L. 105–34, title V, § 503(b)(1), title X, § 1073(b)(3), Aug. 5, 1997, 111 Stat. 853, 948; Pub. L. 107–16, title V, § 532(c)(5), June 7, 2001, 115 Stat. 74; Pub. L. 107–134, title I, § 103(b)(2), Jan. 23, 2002, 115 Stat. 2431.)
Amendment of Section
For termination of amendment by section 901 of Pub. L. 107–16, see Effective and Termination Dates of 2001 Amendment note below.
Amendments
2002—Subsec. (d)(3)(B).
Pub. L. 107–134 substituted “section
2011
(d)” for “section
2011
(e)”.
2001—Subsec. (d).
Pub. L. 107–16, §§ 532(c)(5),
901, temporarily substituted “Certain foreign death taxes” for “Certain State and foreign death taxes” in heading and amended text generally, revising and restating provisions of pars. (1) to (3) so as to eliminate provisions relating to deduction for State death taxes. See Effective and Termination Dates of 2001 Amendment note below.
1997—Subsec. (c)(1)(B).
Pub. L. 105–34, § 1073(b)(3), struck out at end “This subparagraph shall not apply to any increase in the tax imposed by this chapter by reason of section
4980A
(d).”
Subsec. (c)(1)(D).
Pub. L. 105–34, § 503(b)(1), added subpar. (D).
1988—Subsec. (c)(1)(B).
Pub. L. 100–647, inserted at end “This subparagraph shall not apply to any increase in the tax imposed by this chapter by reason of section
4980A
(d).”
1984—Subsec. (c)(1)(C).
Pub. L. 98–369, § 1027(b), added subpar. (C).
Subsec. (e).
Pub. L. 98–369, § 425(a)(2), substituted “For provisions treating certain relinquishments of marital rights as consideration in money or money’s worth, see section
2043
(b)(2)” for “For provisions that relinquishment of marital rights shall not be deemed a consideration ‘in money or money’s worth,’ see section
2043
(b).”
1976—Subsec. (d)(1).
Pub. L. 94–455 struck out “or his delegate” after “Secretary” in provisions preceding subpar. (A) and following subpar. (B) and struck out “or Territory” after “a State” in subpar. (A).
1959—Subsec. (d).
Pub. L. 86–175 inserted a reference to foreign death taxes in heading of subsection and par. (3) and in text of par. (2), redesignated provisions of par. (1) as par. (1)(A) and sentence pertaining to exercise of privilege of election, added par. (2) and sentence for determining location of property, redesignated provisions of par. (3) as par. (3)(B) in part, and added par. (3)(A) and the part of (B) relating to foreign death taxes.
1958—Subsec. (d)(1).
Pub. L. 85–866 struck out “or any possession of the United States,” after “District of Columbia,”.
1956—Subsecs. (d), (e). Act Feb. 20, 1956, added subsec. (d) and redesignated former subsec. (d) as (e).
Effective Date of 2002 Amendment
Amendment by
Pub. L. 107–134 applicable to estates of decedents dying on or after Sept. 11, 2001, and, in the case of individuals dying as a result of the Apr. 19, 1995, terrorist attack, dying on or after Apr. 19, 1995, with provisions relating to waiver of limitations, see section 103(d) of
Pub. L. 107–134, set out as a note under section
2011 of this title.
Effective and Termination Dates of 2001 Amendment
Amendment by
Pub. L. 107–16 applicable to estates of decedents dying, and generation-skipping transfers, after Dec. 31, 2004, see section 532(d) of
Pub. L. 107–16, set out as a note under section
2011 of this title.
Amendment by
Pub. L. 107–16 inapplicable to estates of decedents dying, gifts made, or generation skipping transfers, after Dec. 31, 2010, and the Internal Revenue Code of 1986 to be applied and administered to such estates, gifts, and transfers as if such amendment had never been enacted, see section 901 of
Pub. L. 107–16, set out as a note under section
1 of this title.
Effective Date of 1997 Amendment
Amendment by section 503(b)(1) of
Pub. L. 105–34 applicable to estates of decedents dying after Dec. 31, 1997, with special rule in case of estate of any decedent dying before Jan. 1, 1998, with respect to which there is an election under section
6166 of this title, see section 503(d) of
Pub. L. 105–34, set out as a note under section
163 of this title.
Amendment by section 1073(b)(3) of
Pub. L. 105–34 applicable to estates of decedents dying after Dec. 31, 1996, see section 1073(c) of
Pub. L. 105–34, set out as an Effective Date of Repeal note under section
4980A of this title.
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986,
Pub. L. 99–514, to which such amendment relates, see section 1019(a) of
Pub. L. 100–647, set out as a note under section
1 of this title.
Effective Date of 1984 Amendment
Amendment by section 425(a)(2) of
Pub. L. 98–369 applicable to estates of decedents dying after July 18, 1984, see section 425(c)(1) of
Pub. L. 98–369, set out as a note under section
2043 of this title.
Section 1027(c) of
Pub. L. 98–369 provided that: “The amendments made by this section [amending this section and section
2056 of this title] shall take effect as if included in the amendment made by section 403 of the Economic Recovery Tax Act of 1981 [section 403 of
Pub. L. 97–34, see Effective Date of 1981 Amendment note set out under section
2056 of this title].”
Effective Date of 1959 Amendment
Section 4 of
Pub. L. 86–175 provided that: “The amendments made by the preceding sections of this Act [amending this section and sections
2011 and
2014 of this title] shall apply with respect to the estates of decedents dying on or after July 1, 1955.”
Effective Date of 1958 Amendment
Amendment by
Pub. L. 85–866 applicable to estates of decedents dying after Sept. 2, 1958, see section 102(d) of
Pub. L. 85–866, set out as a note under section
2011 of this title.
Effective Date of 1956 Amendment
Section 4 of act Feb. 20, 1956, as amended by act Oct. 22, 1986,
Pub. L. 99–514, § 2,
100 Stat. 2095, provided that: “The amendments to the Internal Revenue Code of 1986 [formerly I.R.C. 1954] made by sections 2 and 3 of this Act [amending this section and section
2011 of this title], and provisions having the same effect as this amendment, which shall be considered to be included in chapter 3 of the Internal Revenue Code of 1939, shall apply to the estates of all decedents dying after December 31, 1953.”