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Rule

Guidance Under Section 2053 Regarding Post-Death Events; Correction

Action

Correcting Amendment.

Summary

This document contains corrections to final regulations (TD 9468) that were published in the Federal Register on Tuesday, October 20, 2009 (74 FR 53652) providing guidance relating to the amount deductible from a decedent's gross estate for claims against the estate under section 2053(a)(3) of the Internal Revenue Code.

Unified Agenda

Guidance Under Section 2053 Regarding Post-Death Events

5 actions from April 23rd, 2007 to April 2009

  • April 23rd, 2007
  • July 23rd, 2007
    • NPRM Comment Period End
  • July 30th, 2007
    • Outlines of Topics Due
  • August 6th, 2007
    • Public Hearing
  • April 2009
    • Final Action
 

Table of Contents Back to Top

DATES: Back to Top

This correction is effective on November 25, 2009 and is applicable in taxable years ending on or after October 20, 2009.

FOR FURTHER INFORMATION CONTACT: Back to Top

Karlene M. Lesho, (202) 622-3090 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Back to Top

Background Back to Top

The final regulations that are the subject of this document are under sections 2051 and 2053 of the Internal Revenue Code.

Need for Correction Back to Top

As published, the final regulations (TD 9468) contain errors that may prove to be misleading and are in need of clarification.

List of Subjects in 26 CFR Part 20 Back to Top

Correction of Publication Back to Top

begin regulatory text

Accordingly, 26 CFR part 20 is corrected by making the following correcting amendments:

PART 20—ESTATE TAX; ESTATES OF DECENDENTS DYING AFTER AUGUST 16, 1954 Back to Top

Paragraph 1. The authority citation for part 20 continues to read in part as follows:

Authority:

26 U.S.C. 7805 * * *

Par. 2. Section 20.2053-1 is amended by revising the third sentence of paragraph (d)(7) Example 3 to read as follows:

§ 20.2053-1 Deduction for expenses, indebtedness, and taxes; in general.

* * * * *

(d) * * *

(7) * * *

Example 3. Back to Top

* * * Instead, pursuant to the protective claim for refund filed by E, the marital deduction will be reduced by the claim once a final judgment is entered in the case. * * *

* * * * *

Par. 3. Section 20.2053-4 is amended by revising the last sentence of paragraph (d)(3) to read as follows.

§ 20.2053-4 Deduction for claims against the estate.

* * * * *

(d) * * *

(3) * * * See further § 20.2053-1(d)(3).

* * * * *

end regulatory text

LaNita VanDyke,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration)

[FR Doc. E9-28332 Filed 11-24-09; 8:45 am]

BILLING CODE 4830-01-P

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