§2045 — Prior interests
2 citing cases
Statute Text — 26 U.S.C. §2045
Except as otherwise specifically provided by law, sections 2034 to 2042, inclusive, shall apply to the transfers, trusts, estates, interests, rights, powers, and relinquishment of powers, as severally enumerated and described therein, whenever made, created, arising, existing, exercised, or relinquished.
Treasury Regulations
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Treas. Reg. §20.2045-1Applicability to pre-existing transfers or interests
Sections 2034 through 2042 are applicable regardless of when the interests and events referred to in those sections were created or took place, except as otherwise provided in those sections and the regulations thereunder.
2 Citing Cases
In particular, the court appears to have misinterpreted two Code provisions: section 2045, which provides that specified rules that include in a decedent's gross estate property not owned by the decedent at death can apply to inter vivos transfers "whenevermade", and section 2012(a), which allows a credit against estate tax for any gift tax paid on gifts included in - 64 - the decedent's estate.