Page:United States Statutes at Large Volume 95.djvu/331

 PUBLIC LAW 97-34—AUG. 13, 1981

95 STAT. 305

"(A) the total tax under this chapter which has been paid, exceeds "(B) the total tax under this chapter which would have been payable if the value of such property had not been included in the gross estate. "(2) DECEDENT MAY OTHERWISE DIRECT BY WILL.—Paragraph (1)

shall not apply if the decedent otherwise directs by will. "(b) RECOVERY WITH RESPECT TO GIFT TAX.—If for any calendar year tax is paid under chapter 12 with respect to any person by reason of property treated as transferred by such person under section 2519, ^"•^> P- 304. such person shall be entitled to recover from the person receiving the property the amount by which— "(1) the total tax for such year under chapter 12, exceeds "(2) the total tax which would have been payable under such chapter for such year if the value of such property had not been taken into account for purposes of chapter 12. "(c) MORE THAN ONE RECIPIENT OF PROPERTY.—For purposes of this section, if there is more than one person receiving the property, the right of recovery shall be against each such person. "(d) TAXES AND INTEREST.—In the case of penalties and interest attributable to additional taxes described in subsections (a) and (b), rules similar to subsections (a), (b), and (c) shall apply." (B) The table of sections for subchapter C of chapter 11 is amended by inserting after the item relating to section 2207 the following new item: "Sec. 2207A. Right of recovery in the case of certain marital deduction property." (e) EFFECTIVE DATES.—

26 USC 2056 (1) Except as otherwise provided in this subsection, the amend- "°^' ments made by this section shall apply to the estates of decedents dying after December 31, 1981. (2) The amendments made by paragraphs (1), (2), and (3)(A) of subsection (b), subparagraphs (B) and (C) of subsection (c)(3), and paragraphs (2) and (3)(B) of subsection (d) shall apply to gifts made after December 31, 1981. (3)If(A) the decedent dies after December 31, 1981, (B) by reason of the death of the decedent property passes from the decedent or is acquired from the decedent under a will executed before the date which is 30 days after the date of the enactment of this Act, or a trust created before such date, which contains a formula expressly providing that the spouse is to receive the maximum amount of property qualifying for the marital deduction allowable by Federal law, (C) the formula referred to in subparagraph (B) was not amended to refer specifically to an unlimited marital deduction at any time after the date which is 30 days after the date of enactment of this Act, and before the death of the decedent, and (D) the State does not enact a statute applicable to such estate which construes this type of formula as referring to the marital deduction allowable by Federal law as amended by subsection (a), then the amendment made by subsection (a) shall not apply to the estate of such decedent.

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