§6018 — Estate tax returns
16 cases·1 questioned·15 cited
Statute Text — 26 U.S.C. §6018
In all cases where the gross estate at the death of a citizen or resident exceeds the basic exclusion amount in effect under section 2010(c) for the calendar year which includes the date of death, the executor shall make a return with respect to the estate tax imposed by subtitle B.
In the case of the estate of every nonresident not a citizen of the United States if that part of the gross estate which is situated in the United States exceeds $60,000, the executor shall make a return with respect to the estate tax imposed by subtitle B.
The amount applicable under paragraph (1) and the amount set forth in paragraph (2) shall each be reduced (but not below zero) by the sum of—
the amount of the adjusted taxable gifts (within the meaning of section 2001(b)) made by the decedent after
December 31, 1976
, plus
the aggregate amount allowed as a specific exemption under section 2521 (as in effect before its repeal by the Tax Reform Act of 1976) with respect to gifts made by the decedent after
September 8, 1976
.
If the executor is unable to make a complete return as to any part of the gross estate of the decedent, he shall include in his return a description of such part and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary such person shall in like manner make a return as to such part of the gross estate.
Treasury Regulations
- Treas. Reg. §Treas. Reg. §20.6018-1 Returns
- Treas. Reg. §Treas. Reg. §20.6018-1(a) Estates of citizens or residents.
- Treas. Reg. §Treas. Reg. §20.6018-1(b) Estates of nonresidents not citizens—(1) In general.
- Treas. Reg. §Treas. Reg. §20.6018-1(c) Place for filing.
- Treas. Reg. §Treas. Reg. §20.6018-1(d) Time for filing.
- Treas. Reg. §Treas. Reg. §20.6018-1(i) Transfers subject to the tax imposed by section 2107(a).
- Treas. Reg. §Treas. Reg. §20.6018-2 Returns; person required to file return
- Treas. Reg. §Treas. Reg. §20.6018-3 Returns; contents of returns
- Treas. Reg. §Treas. Reg. §20.6018-3(a) Citizens or residents.
- Treas. Reg. §Treas. Reg. §20.6018-3(b) Nonresidents not citizens.
- Treas. Reg. §Treas. Reg. §20.6018-3(c) Provisions applicable to returns described in paragraphs (a) and (b) of this section.
- Treas. Reg. §Treas. Reg. §20.6018-4 Returns; documents to accompany the return
- Treas. Reg. §Treas. Reg. §20.6018-4(a) A certified copy of the will, if the decedent died testate, must be submitted with the return, together with copies of such other documents as are required in Form 706 and in the applicable sections of these regulations.
- Treas. Reg. §Treas. Reg. §20.6018-4(b) §20.6018-4(b)
- Treas. Reg. §Treas. Reg. §20.6018-4(c) In the case of an estate of a nonresident not a citizen of the United States, the executor must also file with the return, but only if deductions are claimed or the transfer of the estate is subject to the tax imposed by section 2107(a) (relating to expatriation to avoid tax), a copy of the inventory of property filed under the foreign death duty act; or, if no such inventory was filed, a certified copy of the inventory filed with the foreign court of probate jurisdiction.
- Treas. Reg. §Treas. Reg. §20.6018-4(d) For every policy of life insurance listed on the return, the executor must procure a statement, on Form 712, by the company issuing the policy and file it with the return.
- Treas. Reg. §Treas. Reg. §20.6018-4(e) If, pursuant to section 2032, the executor elects to have the estate valued at a date or dates subsequent to the time of the decedent's death, the executor shall file with the return evidence in support of any statements made by him in the return as to distributions, sales, exchanges, or other dispositions of property during the 6 month (1 year, if the decedent died on or before December 31, 1970) period which followed the decedent's death.
- Treas. Reg. §Treas. Reg. §20.6018-4(f) In any case where a transfer, by trust or otherwise, was made by a written instrument, a copy thereof shall be filed with the return if (1) the property is included in the gross estate, or (2) the executor pursuant to the provisions of paragraph (c)(7) of § 20.
- Treas. Reg. §Treas. Reg. §20.6018-4(g) If the executor contends that the value of property transferred by the decedent within a period of three years ending with the date of the decedent's death should not be included in the gross estate because he considers that the transfer was not made in contemplation of death, he shall file with the return (1) a copy of the death certificate, and (2) a statement, continuing a declaration that it is made under the penalties of perjury, of all the material facts and circumstances, including those
- Treas. Reg. §Treas. Reg. §301.6018-1 Estate tax returns
16 Citing Cases
Co. policy should be reduc:eds$500 to $227,000. The no i'ce of deficiency thussstated that the value of' insurance on th decedent'solife was a $1,283,184. Th notice'of deficiency also dete minedethat the The- executor is- required to file the return Sec. 6018 a) (1). The return must be filed within nine months after the date of déath, unless the IRS grants an, exténsiori. Secs.2 6075la), 6081. As the IRS transcript of its transactions with the estate show , the IRS did not grant an extension. -4
y of decedent's estate. Section 20.6036-2, Estate Tax Regs., provides in relevant part: "The requirement of section 6036 for notification of qualification as executor of an estate shall be satisfied by the filing of the estate tax return required by section 6018". Section 301.6036-1(c), Proced. & Admin. Regs., provides: "When a notice is required under § 301.6903-1 of a person acting in fiduciary capacity and is also required of such person under this section, notice given in accordance with the
y of decedent’s estate. Section 20.6036-2, Estate Tax Regs., provides in relevant part: “The requirement of section 6036 for notification of qualification as executor of an estate shall be satisfied by the filing of the estate tax return required by section 6018”. Section 301.6036-l(c), Proced. & Admin. Regs., provides: “When a notice is required under § 301.6903-1 of a person acting in fiduciary capacity and is also required of such person under this section, notice given in accordance with the
Statutory Scheme Section 2001(a) imposes an estate tax, and section 6018 imposes on the executor the obligation to make the necessary return of tax.
he issue was not timely raised makes no sense. COLVIN, SWIFT, LARO, and GALE, JJ., agree with this dissenting opinion. 2Under Federal tax law, an estate is a separate taxable entity that may have an obligation to file both an estate tax return, see sec. 6018, and income tax returns, see sec. 6012(a)(3). Under State law, an estate typically has obligations regarding the payment of a decedent’s debts and the distribution of decedent’s assets to beneficiaries.