§2206 — Liability of life insurance beneficiaries
4 cases·2 followed·1 distinguished·1 cited—50% support
Statute Text — 26 U.S.C. §2206
Unless the decedent directs otherwise in his will, if any part of the gross estate on which tax has been paid consists of proceeds of policies of insurance on the life of the decedent receivable by a beneficiary other than the executor, the executor shall be entitled to recover from such beneficiary such portion of the total tax paid as the proceeds of such policies bear to the taxable estate. If there is more than one such beneficiary, the executor shall be entitled to recover from such beneficiaries in the same ratio. In the case of such proceeds receivable 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 proceeds except as to the amount thereof in excess of the aggregate amount of the marital deductions allowed under such section.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §20.2206-1 Liability of life insurance beneficiaries
4 Citing Cases
2206 provides in pertinent part: Unless the decedent directs otherwise in his will, ifany part ofthe gross estate on which tax has been paid consists ofproceeds ofpolicies of insurance on the life ofthe decedent receivable by a beneficiary otherthan the executor, the'ekecutor shall be entitled to recover from su
Section 2206 provides in part: Unless the decedent directs otherwise in his will, if any part of the gross estate on which tax has been paid consists of proceeds of policies of insurance on the life of the decedent receivable by a beneficiary other than the executor, the executor shall be entitled to recover from such beneficiary such portion of th
ot know that the Court would apply section 2036 to his lifetime transfers. Item Eight ofClyde Sr.'s will, however, clearly manifests his intention that the marital deduction not be reduced or diminished by 80ther right ofrecovery provisions are: (1) sec. 2206, which allows a right ofrecovery for taxes generated by the inclusion oflife insurance proceeds in the decedent's gross estate; (2) sec. 2207, which provides for a right ofrecovery for taxes generated by property included in the gross estat