Page:United States Statutes at Large Volume 70.djvu/80

 24

PUBLIC LAW 4 U - F E B. 20, 1956

[70 ST A T.

by section 2001 the value of the taxable estate may be determined, if the executor so elects before the expiration of the period of limitation for assessment provided in section 6501, by deducting from the value of the gross estate the amount (as determined in accordance with regulations prescribed by the Secretary or his delegate) of any estate, succession, legacy or inheritance tax imposed by a State or Territory or the District of Columbia, or any possession of the United States, upon a transfer by the decedent for public, charitable, or religious uses described in section 2055 or 2106 (a)(2). The election shall be exercised in accordance with regulations prescribed by the Secretary or his delegate. "(2)

CONDITION FOR ALLOWANCE OF DEDUCTION.—No deduction

shall be allowed under paragraph (1) for a State death tax specified therein unless the decrease in the tax imposed by section 2001 which results from the deduction provided for in paragraph (1) will inure solely for the benefit of the public, charitable, or religious transferees described in section 2055 or section 2106(a) (2). I n any case where the tax imposed by section 2001 is equitably apportioned among all the transferees of property included in the gross estate, including those described in sections 2055 and 2106 (a)(2) (taking into account any exemptions, credits, or deductions allowed by this chapter), in determining such decrease, there shall be disregarded any decrease in the Federal estate tax which any transferees other than those described in sections 2055 and 2106 (a)(2) are required to pay. "(3)

26^icf20V1I*

EFFECT OF DEDUCTION ON CREDIT FOR STATE DEATH TAXES.—

See section 2011(e) for the effect of a deduction taken under this subsection on the credit for State death taxes." ^^^- ^- Section 2011 of the Internal Revenue Code of 1954 is amended by adding after subsection (d) a new subsection as follows: "(e)

LIMITATION IN CASES INVOLVINCX DEDUCTION UNDER SECTION

2053 (D).—In any case Avhere a deduction is allowed under section 2053 (d) for an estate, succession, legacy, or inheritance tax imposed upon a transfer for public, charitable, or religious uses described in section 2055 or 2106 (a)(2), the allowance of the credit under this section shall be subject to the following conditions and limitations: "(1) The taxes described in subsection (a) shall not include any estate, succession, legacy, or inheritance tax for which a deduction is allowed under section 2053(d). " (2) The credit shall not exceed the lesser of— " (A) the amount stated in subsection (b) on a taxable estate determined by allowing the deduction authorized by section 2053(d), or " (B) that proportion of the amount stated in subsection (b) on a taxable estate determined without regard to the deduction authorized by section 2053(d) as (i) the amount of the taxes described in subsection (a), as limited by the provisions of paragraph (1) of this subsection, bears to (ii) the amount of the taxes described in subsection (a) before applying the limitation contained in paragraph (1) of this subsection. "(3) If the amount determined under subparagraph (B) of paragraph (2) is less than the amount determined under subparagraph (A) of that paragraph, then for purposes of subsection (d) such lesser amount shall be the maximum credit provided by subsection (b). "

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