26 U.S.C. § 2201

Combat zone-related deaths of members of the Armed Forces, deaths of astronauts, and deaths of victims of certain terrorist attacks

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 26 CasesGoogle Scholar

(a) In general

Unless the executor elects not to have this section apply, in applying sections 2001 and 2101 to the estate of a qualified decedent, the rate schedule set forth in subsection (c) shall be deemed to be the rate schedule set forth in section 2001(c).

(b) Qualified decedentFor purposes of this section, the term “qualified decedent” means—(1) any citizen or resident of the United States dying while in active service of the Armed Forces of the United States, if such decedent—(A) was killed in action while serving in a combat zone, as determined under section 112(c), or(B) died as a result of wounds, disease, or injury suffered while serving in a combat zone (as determined under section 112(c)), and while in the line of duty, by reason of a hazard to which such decedent was subjected as an incident of such service,(2) any specified terrorist victim (as defined in section 692(d)(4)), and(3) any astronaut whose death occurs in the line of duty.(c) Rate schedule

If the amount with respect to which the tentative tax to be computed is:	The tentative tax is:
Not over $150,000	1 percent of the amount by which such amount exceeds $100,000.
Over $150,000 but not over $200,000	$500 plus 2 percent of the excess over $150,000.
Over $200,000 but not over $300,000	$1,500 plus 3 percent of the excess over $200,000.
Over $300,000 but not over $500,000	$4,500 plus 4 percent of the excess over $300,000.
Over $500,000 but not over $700,000	$12,500 plus 5 percent of the excess over $500,000.
Over $700,000 but not over $900,000	$22,500 plus 6 percent of the excess over $700,000.
Over $900,000 but not over $1,100,000	$34,500 plus 7 percent of the excess over $900,000.
Over $1,100,000 but not over $1,600,000	$48,500 plus 8 percent of the excess over $1,100,000.
Over $1,600,000 but not over $2,100,000	$88,500 plus 9 percent of the excess over $1,600,000.
Over $2,100,000 but not over $2,600,000	$133,500 plus 10 percent of the excess over $2,100,000.
Over $2,600,000 but not over $3,100,000	$183,500 plus 11 percent of the excess over $2,600,000.
Over $3,100,000 but not over $3,600,000	$238,500 plus 12 percent of the excess over $3,100,000.
Over $3,600,000 but not over $4,100,000	$298,500 plus 13 percent of the excess over $3,600,000.
Over $4,100,000 but not over $5,100,000	$363,500 plus 14 percent of the excess over $4,100,000.
Over $5,100,000 but not over $6,100,000	$503,500 plus 15 percent of the excess over $5,100,000.
Over $6,100,000 but not over $7,100,000	$653,500 plus 16 percent of the excess over $6,100,000.
Over $7,100,000 but not over $8,100,000	$813,500 plus 17 percent of the excess over $7,100,000.
Over $8,100,000 but not over $9,100,000	$983,500 plus 18 percent of the excess over $8,100,000.
Over $9,100,000 but not over $10,100,000	$1,163,500 plus 19 percent of the excess over $9,100,000.
Over $10,100,000	$1,353,500 plus 20 percent of the excess over $10,100,000.

(d) Determination of unified credit

In the case of an estate to which this section applies, subsection (a) shall not apply in determining the credit under section 2010.

(Aug. 16, 1954, ch. 736, 68A Stat. 401; Pub. L. 93–597, § 6(b)(1), (2), Jan. 2, 1975, 88 Stat. 1953; Pub. L. 94–455, title XIX, § 1902(a)(7)(A), Oct. 4, 1976, 90 Stat. 1805; Pub. L. 107–16, title V, § 532(c)(9), June 7, 2001, 115 Stat. 75; Pub. L. 107–134, title I, § 103(a), (b)(3), Jan. 23, 2002, 115 Stat. 2430, 2431; Pub. L. 108–121, title I, § 110(c)(1), (2)(A), Nov. 11, 2003, 117 Stat. 1342.)Editorial NotesAmendments

2003—Pub. L. 108–121, § 110(c)(2)(A), inserted “, deaths of astronauts,” after “Forces” in section catchline.

Subsec. (b)(3). Pub. L. 108–121, § 110(c)(1), added par. (3).

2002—Pub. L. 107–134 amended section catchline and text of section generally, substituting present provisions for provisions which had stated that the additional estate tax as defined in former section 2011(d) should not apply to the transfer of the taxable estate of a citizen or resident of the United States dying while in active service as a member of the Armed Forces of the United States, if such decedent was killed in action while serving in a combat zone, as determined under section 112(c), or died as a result of wounds, disease, or injury suffered, while serving in a combat zone (as determined under section 112(c)), and while in line of duty, by reason of a hazard to which he was subjected as an incident of such service.

2001—Pub. L. 107–16, § 532(c)(9)(B), which added concluding provisions which read as follows: “For purposes of this section, the additional estate tax is the difference between the tax imposed by section 2001 or 2101 and the amount equal to 125 percent of the maximum credit provided by section 2011(b), as in effect before its repeal by the Economic Growth and Tax Relief Reconciliation Act of 2001.”, was repealed by Pub. L. 107–134, § 103(b)(3). See Effective Date of 2002 Amendment note below.

Pub. L. 107–16, § 532(c)(9)(A), which struck out “as defined in section 2011(d)” after “The additional estate tax” in introductory provisions, was repealed by Pub. L. 107–134, § 103(b)(3). See Effective Date of 2002 Amendment note below.

1975—Pub. L. 93–597, as amended by Pub. L. 94–455, § 1902(a)(7)(A), struck out “during an induction period (as defined in section 112(c)(5))” after “resident of the United States dying”, and substituted “Members of the Armed Forces dying in combat zone or by reason of combat-zone-incurred wounds, etc.” for “Members of the Armed Forces dying during an induction period” in section catchline.

Statutory Notes and Related SubsidiariesEffective Date of 2003 Amendment

Pub. L. 108–121, title I, § 110(c)(3), Nov. 11, 2003, 117 Stat. 1343, provided that: “The amendments made by this subsection [amending this section] shall apply to estates of decedents dying after December 31, 2002.”

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 2053 of this title.

Effective Date 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 2012 of this title.

Effective Date of 1976 Amendment

Pub. L. 94–455, title XIX, § 1902(a)(7)(B), Oct. 4, 1976, 90 Stat. 1805, provided that: “The amendment made by subsection (A) [amending section 6(b)(1) of Pub. L. 93–597] is effective July 1, 1973.”

Effective Date of 1975 Amendment

Pub. L. 93–597, § 6(c), Jan. 2, 1975, 88 Stat. 1953, provided that: “The amendments made by this section [amending this section and section 1034 of this title] shall take effect on July 1, 1973.”

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1934–2021 · leading case: Cohen v. United States, 650 F.3d 717 (D.C. Cir. 2009).

Sort: Relevance Newest Treatment

Cohen v. United States, 650 F.3d 717 (D.C. Cir. 2009). · cites it 4× “In short, reading the two statutes to coterminously bar declaratory and injunctive relief with respect to federal taxes is consistent with precedent, adheres to the plain text of the later-enacted 26 U.S.C. § 2201 (a), and corresponds to the well-established principle that…”

Cohen v. United States, 578 F.3d 1 (D.C. Cir. 2009). · cites it 2× “In short, reading the two statutes to coterminously bar declaratory and injunctive relief with respect to federal taxes is consistent with precedent, adheres to the plain text of the later-enacted 26 U.S.C. § 2201 (a), and corresponds to the well-established principle that…”

Malkin v. United States, 3 F. Supp. 2d 493 (D.N.J. 1998). “The United States argues that the Tax Exception to the Declaratory Judgment Act, 26 U.S.C. § 2201 , the Anti-Injunction Act, 26 U.”

Helvering v. Missouri State Life Ins. Co., 78 F.2d 778 (8th Cir. 1934). “, 26 USCA § 2201 et seq.) which continues in effect the plan for taxing life insurance companies adopted by Congress in 1921 (Revenue Act 1921, § 242 ct seq.”

Nat'l Hockey League v. Nat'l Hockey League Players Ass'n, 789 F. Supp. 288 (D. Minnesota 1992). “This Court rejects this position, and has the temerity *294 to suggest that United Food's authors may have misconstrued the words of 26 U.S.C. § 2201 , which clearly relate to the timing of the action.”

Est. of Kalahasthi v. United States, 630 F. Supp. 2d 1120 (C.D. Cal. 2008). · cites it 9× “On September 5, 2007, the Estate of Prasanna Kalahasthi filed this action challenging the government’s refusal to tax Kalahasthi’s estate at the reduced rate set forth in 26 U.S.C. § 2201 (b)(2) and (c). Kalahasthi’s husband was a passenger on one of the airplanes that was…”

Trevino v. United States (W.D. Tex. 2021). “, 26 U.S.C. § 2201 (a) (exception for suits arising under section 7428 of the Internal Revenue Code).”

Pennsylvania Indem. Co. v. MacLaughlin, 78 F.2d 957 (3rd Cir. 1935). “he filing of a consolidated return by an ordinary domestic corporation and an insurance corporation, yet the structure and whole economic set-up of insurance companies are so different from those of ordinary business corporations that the Congress has provided a different method…”

In the Matter of the New Jersey Firemen's Ass'n (N.J. Super. Ct. App. Div. 2015). “The United States Supreme Court has adopted a similar view of the federal Declaratory Judgment Act, 26 U.S.C.A. § 2201 . See Schilling v. Rogers, 363 U.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.