26 U.S.C. § 2207

Liability of recipient of property over which decedent had power of appointment

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Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under section 2041, the executor shall be entitled to recover from the person receiving such property by reason of the exercise, nonexercise, or release of a power of appointment such portion of the total tax paid as the value of such property bears to the taxable estate. If there is more than one such person, the executor shall be entitled to recover from such persons in the same ratio. In the case of such property received by the surviving spouse of the decedent for which a deduction is allowed under section 2056 (relating to marital deduction), this section shall not apply to such property except as to the value thereof reduced by an amount equal to the excess of the aggregate amount of the marital deductions allowed under section 2056 over the amount of proceeds of insurance upon the life of the decedent receivable by the surviving spouse for which proceeds a marital deduction is allowed under such section.

Notes of Decisions

Cited in 9 cases, 1966–2019 · leading case: First Nat'l Bank of Nevada v. Wells, 148 S.E.2d 119 (N.C. 1966).

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First Nat'l Bank of Nevada v. Wells, 148 S.E.2d 119 (N.C. 1966). · cites it 2× “§§ 811(g), 826(d) (now 26 U.S.C.A. § 2207 ), authorizing similar action against a person receiving property subject to a power which is taxable under § 811(f), as forbidding further apportionment by force of state law against other distributees.”

Arzt v. Savarese, 36 F. Supp. 2d 653 (D. Del. 1999). “§ 2206 (Liability of life insurance beneficiaries), 26 U.S.C. § 2207 (Liability of recipient of property over which decedent had power of appointment), and 26 U.”

In Re Succession of Haydel, 780 So. 2d 1168 (La. Ct. App. 2001). · cites it 2× “§ 2206 ), certain property subject to powers of appointment ( 26 U.S.C.A. § 2207 ), and certain property for which a martial deduction was previously taken ( 26 U.”

First Nat'l Bank of Shelby v. Dixon, 248 S.E.2d 416 (N.C. Ct. App. 1978). · cites it 2× “1954 § 2206), there is an excellent discussion of the applicability of its parallel provision ( 26 U.S.C.A. § 2207 (I.R.C. 1954 § 2207)) in Bank v.”

Gellerstedt v. United Missouri Bank of Kansas City, N.A., 865 S.W.2d 707 (Mo. Ct. App. 1993). “Under 26 U.S.C. § 2207 , the burden of the tax in a trust which is included by virtue of decedent’s power of appointment is to be equitably apportioned.”

In Re Rinaldo Revocable Trust, 696 N.W.2d 41 (Iowa 2005). · cites it 3× “The court further concluded that, unless a pro rata abatement of those assets was ordered, the result would be a violation of federal law as expressed in 26 U.S.C. § 2207 . The court directed that the trustees make payment of the federal and Iowa estate taxes resulting from…”

First Nat. Bank of Shelby v. Dixon, 248 S.E.2d 416 (N.C. Ct. App. 1978). · cites it 2× “1954 § 2206), there is an excellent discussion of the applicability of its parallel provision ( 26 U.S.C.A. § 2207 (I.R.C.1954 § 2207)) in Bank v.”

Sarosdy v. Johnson, 894 S.W.2d 640 (Ky. Ct. App. 1994). · cites it 4× “26 U.S.C. § 2207 provides that Unless the decedent directs otherwise in his will, if any part of the gross estate on which the tax has been paid consists of the value of property included in the gross estate under Section 2041, the executor shall be entitled to recover from the…”

Shawn Manley v. Thomas DeVazier (8th Cir. 2019). “26 U.S.C. §§ 2207 , 2207A, 2207B. The executrix alleged that she paid only the taxes on the estate apart from the trusts.”

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