§2011 — Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(95)(A)(i), Dec. 19, 2014, 128 Stat. 4051]
23 cases·3 followed·2 questioned·1 criticized·17 cited—13% support
Statute Text — 26 U.S.C. §2011
[§ 2011. Repealed. Pub. L. 113–295, div. A, title II, § 221(a)(95)(A)(i), Dec. 19, 2014, 128 Stat. 4051] Section, act Aug. 16, 1954, ch. 736, 68A Stat. 374; Feb. 20, 1956, ch. 63, § 3, 70 Stat. 24; Pub. L. 85–866, title I, §§ 65(a), 102(c)(1), Sept. 2, 1958, 72 Stat. 1657, 1674; Pub. L. 86–175, § 3, Aug. 21, 1959, 73 Stat. 397; Pub. L. 94–455, title XIX, §§ 1902(a)(12)(B), 1906(b)(13)(A), title XX, §§ 2001(c)(1)(A), 2004(f)(3), Oct. 4, 1976, 90 Stat. 1806, 1834, 1849, 1872; Pub. L. 97–34, title IV, § 422(e)(2), Aug. 13, 1981, 95 Stat. 316; Pub. L. 107–16, title V, §§ 531(a), 532(a), June 7, 2001, 115 Stat. 72, 73; Pub. L. 107–134, title I, § 103(b)(1), Jan. 23, 2002, 115 Stat. 2431, related to credit for State death taxes. Statutory Notes and Related Subsidiaries Effective Date of RepealRepeal effective Dec. 19, 2014, subject to a savings provision, see section 221(b) of Pub. L. 113–295, set out as an Effective Date of 2014 Amendment note under section 1 of this title.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §20.2011-1 Credit for State death taxes
- Treas. Reg. §Treas. Reg. §20.2011-1(a) In general.
- Treas. Reg. §Treas. Reg. §20.2011-1(b) Amount of credit.
- Treas. Reg. §Treas. Reg. §20.2011-1(c) Miscellaneous limitations and conditions to credit—(1) Period of limitations.
- Treas. Reg. §Treas. Reg. §20.2011-1(d) Definition of “basic estate tax”.
- Treas. Reg. §Treas. Reg. §20.2011-2 Limitation on credit if a deduction for State death taxes is allowed under section 2053(d)
- Treas. Reg. §Treas. Reg. §20.2011-2(a) §20.2011-2(a)
- Treas. Reg. §Treas. Reg. §20.2011-2(b) §20.2011-2(b)
- Treas. Reg. §Treas. Reg. §20.2011-2(c) An amount, A, which bears the same ratio to B (the amount which would be the maximum credit allowable under section 2011(b) if the deduction under section 2053(d) for State death taxes were not allowed in computing the decedent's taxable estate) as C (the amount of State death taxes paid other than those for which a deduction is allowed under section 2053(d)) bears to D (the total amount of State death taxes paid).
23 Citing Cases
ludable in decedent’s gross estate under sec. 2033. 3Petitioner has raised two additional issues, but we need not decide them in this opinion: (1) Petitioner raised the issue of whether respondent allowed the maximum credit for State death tax under sec. 2011. The estate claimed a credit of $56,813 for State death taxes on Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, and respondent has not disallowed that credit. Petitioner represents that Oklahoma has issued alt
ludable in decedent’s gross estate under sec. 2033. 3Petitioner has raised two additional issues, but we need not decide them in this opinion: (1) Petitioner raised the issue of whether respondent allowed the maximum credit for State death tax under sec. 2011. The estate claimed a credit of $56,813 for State death taxes on Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, and respondent has not disallowed that credit. Petitioner represents that Oklahoma has issued alt
Renbarger also asserts but did not substantiate that respondent’s Appeals Office advised him to pay State estate taxes before Federal estate taxes so the estate might receive the section 2011 credit for State estate taxes paid.
Nevada imposes a tax on the transfer of the taxable estate of a Nevada resident in the amount of the maximum credit allowable against the Federal estate tax for the payment of State death taxes. See Nev. Rev. Stat. Ann. sec. 375A.100 (LexisNexis 2007). Therefore, Nevada estate tax is a pickup or sponge tax, as petitioners correctly po
Relief Act of 1997, Pub. L. 105-34, Title 1X, sec. 933(a), 111 Stat. 881, adding sec. 1301. That act was effective for 3 years, 1998, 1999, and 2000. The Omnibus Consolidation and Emergency Supplemental Appropriations Act of 1999, Pub. L. 103-277, sec. 2011, 112 Stat. 2681-902, made permanent the income-averaging provisions of sec. 1301. Both statutes limit applicability to any individual engaged in a farming business and apply only to electible farm income for the election year and the averagi
Under section 2011, an estate may claim a credit against the Federal estate tax for State transfer and inheritance taxes paid. This credit generally applies to State and inheritance taxes paid and claimed within 4 years of the filing of the original estate tax return. See sec. 2011(c). Where the taxpayer has filed a petition with this Court, this 4-year
Under section 2011, an estate may claim a credit against the Federal estate tax for State transfer and inheritance taxes paid. This credit generally applies to State and inheritance taxes paid and claimed within 4 years of the filing of the original estate tax return. See sec. 2011(c). Where the taxpayer has filed a petition with this Court, this 4-year
. 11Respondent recognizes that the actual impact of respondent's error will probably be far less than this since, as a result of our prior opinion, petitioner's taxable estate will be increased. To the extent petitioner is obligated to pay additional State death taxes, it would be entitled to a substantial amount of the credit already allowed. See sec. 2011.
d. ¹¹Respondent recognizes that the actual impact of respondent's error will probably be far les than this since, as a result of our prior opinion, petitioner's taxable estate will be increased. To the extent petitioner is bbligated to pay additional State death taxes, it would be ehtitled to a substantial amount of the credit already allowed. See sec. 2011.
* * Respondent recognizes that the actual impact of respondent’s error will probably be far less than this since, as a result of our prior opinion, petitioner’s taxable estate will be increased. To the extent petitioner is obligated to pay additional State death taxes, it would be entitled to a substantial amount of the credit already allowed. See sec. 2011.
ation of settled issues (the Stipulation) in the estate tax case. A decision was entered in the gift tax case on May 26, 1996, determining deficiencies in Decedent’s gift taxes 1(...continued) the maximum credit allowable for State death taxes under sec. 2011 is allowed. - 4 - and additions thereto totaling more than $1 million. Respondent assessed these deficiencies on July 28, 1995. To date, Executor has not made any payments with respect thereto. The Stipulation states as follows: THE PARTIES
date of decedent's death, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2Petitioner also contends that it is entitled to claim additional deductions under sec. 2053 and an increase in the State death tax credit under sec. 2011. These issues shall be resolved in accordance with the Court's opinion herein under Rule 155. - 3 - decedent's oldest son, is the executor of his estate. Donald Magnin filed a timely Federal estate tax return on behalf of petitioner wherein