
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC2055]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                    Subtitle B--Estate and Gift Taxes
 
                         CHAPTER 11--ESTATE TAX
 
             Subchapter A--Estates of Citizens or Residents
 
                         PART IV--TAXABLE ESTATE
 
Sec. 2055. Transfers for public, charitable, and religious uses


(a) In general

    For purposes of the tax imposed by section 2001, the value of the 
taxable estate shall be determined by deducting from the value of the 
gross estate the amount of all bequests, legacies, devises, or 
transfers--
        (1) to or for the use of the United States, any State, any 
    political subdivision thereof, or the District of Columbia, for 
    exclusively public purposes;
        (2) to or for the use of any corporation organized and operated 
    exclusively for religious, charitable, scientific, literary, or 
    educational purposes, including the encouragement of art, or to 
    foster national or international amateur sports competition (but 
    only if no part of its activities involve the provision of athletic 
    facilities or equipment), and the prevention of cruelty to children 
    or animals, no part of the net earnings of which inures to the 
    benefit of any private stockholder or individual, which is not 
    disqualified for tax exemption under section 501(c)(3) by reason of 
    attempting to influence legislation, and which does not participate 
    in, or intervene in (including the publishing or distributing of 
    statements), any political campaign on behalf of (or in opposition 
    to) any candidate for public office;
        (3) to a trustee or trustees, or a fraternal society, order, or 
    association operating under the lodge system, but only if such 
    contributions or gifts are to be used by such trustee or trustees, 
    or by such fraternal society, order, or association, exclusively for 
    religious, charitable, scientific, literary, or educational 
    purposes, or for the prevention of cruelty to children or animals, 
    such trust, fraternal society, order, or association would not be 
    disqualified for tax exemption under section 501(c)(3) by reason of 
    attempting to influence legislation, and such trustee or trustees, 
    or such fraternal society, order, or association, does not 
    participate in, or intervene in (including the publishing or 
    distributing of statements), any political campaign on behalf of (or 
    in opposition to) any candidate for public office;
        (4) to or for the use of any veterans' organization incorporated 
    by Act of Congress, or of its departments or local chapters or 
    posts, no part of the net earnings of which inures to the benefit of 
    any private shareholder or individual; or
        (5) to an employee stock ownership plan if such transfer 
    qualifies as a qualified gratuitous transfer of qualified employer 
    securities within the meaning of section 664(g).

For purposes of this subsection, the complete termination before the 
date prescribed for the filing of the estate tax return of a power to 
consume, invade, or appropriate property for the benefit of an 
individual before such power has been exercised by reason of the death 
of such individual or for any other reason shall be considered and 
deemed to be a qualified disclaimer with the same full force and effect 
as though he had filed such qualified disclaimer. Rules similar to the 
rules of section 501(j) shall apply for purposes of paragraph (2).

(b) Powers of appointment

    Property includible in the decedent's gross estate under section 
2041 (relating to powers of appointment) received by a donee described 
in this section shall, for purposes of this section, be considered a 
bequest of such decedent.

(c) Death taxes payable out of bequests

    If the tax imposed by section 2001, or any estate, succession, 
legacy, or inheritance taxes, are, either by the terms of the will, by 
the law of the jurisdiction under which the estate is administered, or 
by the law of the jurisdiction imposing the particular tax, payable in 
whole or in part out of the bequests, legacies, or devises otherwise 
deductible under this section, then the amount deductible under this 
section shall be the amount of such bequests, legacies, or devises 
reduced by the amount of such taxes.

(d) Limitation on deduction

    The amount of the deduction under this section for any transfer 
shall not exceed the value of the transferred property required to be 
included in the gross estate.

(e) Disallowance of deductions in certain cases

    (1) No deduction shall be allowed under this section for a transfer 
to or for the use of an organization or trust described in section 
508(d) or 4948(c)(4) subject to the conditions specified in such 
sections.
    (2) Where an interest in property (other than an interest described 
in section 170(f)(3)(B)) passes or has passed from the decedent to a 
person, or for a use, described in subsection (a), and an interest 
(other than an interest which is extinguished upon the decedent's death) 
in the same property passes or has passed (for less than an adequate and 
full consideration in money or money's worth) from the decedent to a 
person, or for a use, not described in subsection (a), no deduction 
shall be allowed under this section for the interest which passes or has 
passed to the person, or for the use, described in subsection (a) 
unless--
        (A) in the case of a remainder interest, such interest is in a 
    trust which is a charitable remainder annuity trust or a charitable 
    remainder unitrust (described in section 664) or a pooled income 
    fund (described in section 642(c)(5)), or
        (B) in the case of any other interest, such interest is in the 
    form of a guaranteed annuity or is a fixed percentage distributed 
    yearly of the fair market value of the property (to be determined 
    yearly).

    (3) Reformations to comply with paragraph (2).--
        (A) In general.--A deduction shall be allowed under subsection 
    (a) in respect of any qualified reformation.
        (B) Qualified reformation.--For purposes of this paragraph, the 
    term ``qualified reformation'' means a change of a governing 
    instrument by reformation, amendment, construction, or otherwise 
    which changes a reformable interest into a qualified interest but 
    only if--
            (i) any difference between--
                (I) the actuarial value (determined as of the date of 
            the decedent's death) of the qualified interest, and
                (II) the actuarial value (as so determined) of the 
            reformable interest,

        does not exceed 5 percent of the actuarial value (as so 
        determined) of the reformable interest,
            (ii) in the case of--
                (I) a charitable remainder interest, the nonremainder 
            interest (before and after the qualified reformation) 
            terminated at the same time, or
                (II) any other interest, the reformable interest and the 
            qualified interest are for the same period, and

            (iii) such change is effective as of the date of the 
        decedent's death.

    A nonremainder interest (before reformation) for a term of years in 
    excess of 20 years shall be treated as satisfying subclause (I) of 
    clause (ii) if such interest (after reformation) is for a term of 20 
    years.
        (C) Reformable interest.--For purposes of this paragraph--
            (i) In general.--The term ``reformable interest'' means any 
        interest for which a deduction would be allowable under 
        subsection (a) at the time of the decedent's death but for 
        paragraph (2).
            (ii) Beneficiary's interest must be fixed.--The term 
        ``reformable interest'' does not include any interest unless, 
        before the remainder vests in possession, all payments to 
        persons other than an organization described in subsection (a) 
        are expressed either in specified dollar amounts or a fixed 
        percentage of the fair market value of the property. For 
        purposes of determining whether all such payments are expressed 
        as a fixed percentage of the fair market value of the property, 
        section 664(d)(3) shall be taken into account.
            (iii) Special rule where timely commencement of 
        reformation.--Clause (ii) shall not apply to any interest if a 
        judicial proceeding is commenced to change such interest into a 
        qualified interest not later than the 90th day after--
                (I) if an estate tax return is required to be filed, the 
            last date (including extensions) for filing such return, or
                (II) if no estate tax return is required to be filed, 
            the last date (including extensions) for filing the income 
            tax return for the 1st taxable year for which such a return 
            is required to be filed by the trust.

            (iv) Special rule for will executed before january 1, 1979, 
        etc.--In the case of any interest passing under a will executed 
        before January 1, 1979, or under a trust created before such 
        date, clause (ii) shall not apply.

        (D) Qualified interest.--For purposes of this paragraph, the 
    term ``qualified interest'' means an interest for which a deduction 
    is allowable under subsection (a).
        (E) Limitation.--The deduction referred to in subparagraph (A) 
    shall not exceed the amount of the deduction which would have been 
    allowable for the reformable interest but for paragraph (2).
        (F) Special rule where income beneficiary dies.--If (by reason 
    of the death of any individual, or by termination or distribution of 
    a trust in accordance with the terms of the trust instrument) by the 
    due date for filing the estate tax return (including any extension 
    thereof) a reformable interest is in a wholly charitable trust or 
    passes directly to a person or for a use described in subsection 
    (a), a deduction shall be allowed for such reformable interest as if 
    it had met the requirements of paragraph (2) on the date of the 
    decedent's death. For purposes of the preceding sentence, the term 
    ``wholly charitable trust'' means a charitable trust which, upon the 
    allowance of a deduction, would be described in section 4947(a)(1).
        (G) Statute of limitations.--The period for assessing any 
    deficiency of any tax attributable to the application of this 
    paragraph shall not expire before the date 1 year after the date on 
    which the Secretary is notified that such reformation (or other 
    proceeding pursuant to subparagraph (J) \1\ has occurred.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by an additional 
closing parenthesis.
---------------------------------------------------------------------------
        (H) Regulations.--The Secretary shall prescribe such regulations 
    as may be necessary to carry out the purposes of this paragraph, 
    including regulations providing such adjustments in the application 
    of the provisions of section 508 (relating to special rules relating 
    to section 501(c)(3) organizations), subchapter J (relating to 
    estates, trusts, beneficiaries, and decedents), and chapter 42 
    (relating to private foundations) as may be necessary by reason of 
    the qualified reformation.
        (I) Reformations permitted in case of remainder interests in 
    residence or farm, pooled income funds, etc.--The Secretary shall 
    prescribe regulations (consistent with the provisions of this 
    paragraph) permitting reformations in the case of any failure--
            (i) to meet the requirements of section 170(f)(3)(B) 
        (relating to remainder interests in personal residence or farm, 
        etc.), or
            (ii) to meet the requirements of section 642(c)(5).

        (J) Void or reformed trust in cases of insufficient remainder 
    interests.--In the case of a trust that would qualify (or could be 
    reformed to qualify pursuant to subparagraph (B)) but for failure to 
    satisfy the requirement of paragraph (1)(D) or (2)(D) of section 
    664(d), such trust may be--
            (i) declared null and void ab initio, or
            (ii) changed by reformation, amendment, or otherwise to meet 
        such requirement by reducing the payout rate or the duration (or 
        both) of any noncharitable beneficiary's interest to the extent 
        necessary to satisfy such requirement,

    pursuant to a proceeding that is commenced within the period 
    required in subparagraph (C)(iii). In a case described in clause 
    (i), no deduction shall be allowed under this title for any transfer 
    to the trust and any transactions entered into by the trust prior to 
    being declared void shall be treated as entered into by the 
    transferor.

    (4) Works of art and their copyrights treated as separate properties 
in certain cases.--
        (A) In general.--In the case of a qualified contribution of a 
    work of art, the work of art and the copyright on such work of art 
    shall be treated as separate properties for purposes of paragraph 
    (2).
        (B) Work of art defined.--For purposes of this paragraph, the 
    term ``work of art'' means any tangible personal property with 
    respect to which there is a copyright under Federal law.
        (C) Qualified contribution defined.--For purposes of this 
    paragraph, the term ``qualified contribution'' means any transfer of 
    property to a qualified organization if the use of the property by 
    the organization is related to the purpose or function constituting 
    the basis for its exemption under section 501.
        (D) Qualified organization defined.--For purposes of this 
    paragraph, the term ``qualified organization'' means any 
    organization described in section 501(c)(3) other than a private 
    foundation (as defined in section 509). For purposes of the 
    preceding sentence, a private operating foundation (as defined in 
    section 4942(j)(3)) shall not be treated as a private foundation.

(f) Special rule for irrevocable transfers of easements in real property

    A deduction shall be allowed under subsection (a) in respect of any 
transfer of a qualified real property interest (as defined in section 
170(h)(2)(C)) which meets the requirements of section 170(h) (without 
regard to paragraph (4)(A) thereof).

(g) Cross references

            (1) For option as to time for valuation for purpose of 
        deduction under this section, see section 2032.
            (2) For treatment of certain organizations providing child 
        care, see section 501(k).
            (3) For exemption of gifts and bequests to or for the 
        benefit of Library of Congress, see section 5 of the Act of 
        March 3, 1925, as amended (2 U.S.C. 161).
            (4) For treatment of gifts and bequests for the benefit of 
        the Naval Historical Center as gifts or bequests to or for the 
        use of the United States, see section 7222 of title 10, United 
        States Code.
            (5) For treatment of gifts and bequests to or for the 
        benefit of National Park Foundation as gifts or bequests to or 
        for the use of the United States, see section 8 of the Act of 
        December 18, 1967 (16 U.S.C. 191).
            (6) For treatment of gifts, devises, or bequests accepted by 
        the Secretary of State, the Director of the International 
        Communication Agency, or the Director of the United States 
        International Development Cooperation Agency as gifts, devises, 
        or bequests to or for the use of the United States, see section 
        25 of the State Department Basic Authorities Act of 1956.
            (7) For treatment of gifts or bequests of money accepted by 
        the Attorney General for credit to ``Commissary Funds, Federal 
        Prisons,'' as gifts or bequests to or for the use of the United 
        States, see section 4043 of title 18, United States Code.
            (8) For payment of tax on gifts and bequests of United 
        States obligations to the United States, see section 3113(e) of 
        title 31, United States Code.
            (9) For treatment of gifts and bequests for benefit of the 
        Naval Academy as gifts or bequests to or for the use of the 
        United States, see section 6973 of title 10, United States Code.
            (10) For treatment of gifts and bequests for benefit of the 
        Naval Academy Museum as gifts or bequests to or for the use of 
        the United States, see section 6974 of title 10, United States 
        Code.
            (11) For exemption of gifts and bequests received by 
        National Archives Trust Fund Board, see section 2308 of title 
        44, United States Code.
            (12) For treatment of gifts and bequests to or for the use 
        of Indian tribal governments (or their subdivisions), see 
        section 7871.

(Aug. 16, 1954, ch. 736, 68A Stat. 390; Aug. 6, 1956, ch. 1020, Sec. 1, 
70 Stat. 1075; Pub. L. 85-866, title I, Sec. 30(d), Sept. 2, 1958, 72 
Stat. 1631; Pub. L. 91-172, title II, Sec. 201(d)(1), (4)(A), Dec. 30, 
1969, 83 Stat. 560, 561; Pub. L. 91-614, title I, Sec. 101(c), Dec. 31, 
1970, 84 Stat. 1836; Pub. L. 93-483, Sec. 3(a), Oct. 26, 1974, 88 Stat. 
1457; Pub. L. 94-455, title XIII, Secs. 1304(a), 1307(d)(1)(B)(ii), (C), 
1313(b)(2), title XIX, Secs. 1902(a)(4), (12)(A), 1906(b)(13)(A), title 
XX, Sec. 2009(b)(4)(B), (C), title XXI, Sec. 2124(e)(2), Oct. 4, 1976, 
90 Stat. 1715, 1727, 1730, 1804, 1805, 1834, 1894, 1919; Pub. L. 95-600, 
title V, Sec. 514(a), Nov. 6, 1978, 92 Stat. 2883; Pub. L. 96-222, title 
I, Sec. 105(a)(4)(A), Apr. 1, 1980, 94 Stat. 219; Pub. L. 96-465, title 
II, Sec. 2206(e)(4), Oct. 17, 1980, 94 Stat. 2163; Pub. L. 96-605, title 
III, Sec. 301(a), Dec. 28, 1980, 94 Stat. 3530; Pub. L. 97-34, title IV, 
Sec. 423(a), Aug. 13, 1981, 95 Stat. 316; Pub. L. 97-248, title II, 
Sec. 286(b)(2), Sept. 3, 1982, 96 Stat. 570; Pub. L. 97-258, 
Sec. 3(f)(1), (2), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 97-473, title 
II, Sec. 202(b)(5), Jan. 14, 1983, 96 Stat. 2610; Pub. L. 98-369, div. 
A, title X, Secs. 1022(a), 1032(b)(2), July 18, 1984, 98 Stat. 1026, 
1033; Pub. L. 99-514, title XIV, Sec. 1422(a), Oct. 22, 1986, 100 Stat. 
2716; Pub. L. 100-203, title X, Sec. 10711(a)(3), Dec. 22, 1987, 101 
Stat. 1330-464; Pub. L. 104-201, div. A, title X, Sec. 1073(b)(3), Sept. 
23, 1996, 110 Stat. 2657; Pub. L. 105-34, title X, Sec. 1089(b)(3), (5), 
title XV, Sec. 1530(c)(7), Aug. 5, 1997, 111 Stat. 960, 961, 1078.)

                       References in Text

    Section 25 of the State Department Basic Authorities Act of 1956, 
referred to in subsec. (g)(6), is classified to section 2697 of Title 
22, Foreign Relations and Intercourse.


                               Amendments

    1997--Subsec. (a)(5). Pub. L. 105-34, Sec. 1530(c)(7), added par. 
(5).
    Subsec. (e)(3)(G). Pub. L. 105-34, Sec. 1089(b)(5), inserted ``(or 
other proceeding pursuant to subparagraph (J)'' after ``reformation''.
    Subsec. (e)(3)(J). Pub. L. 105-34, Sec. 1089(b)(3), added subpar. 
(J).
    1996--Subsec. (g)(4). Pub. L. 104-201 amended par. (4) generally, 
substituting reference to Naval Historical Center for reference to 
Office of Naval Records and History.
    1987--Subsec. (a)(2), (3). Pub. L. 100-203 inserted ``(or in 
opposition to)'' after ``on behalf of''.
    1986--Subsecs. (f), (g). Pub. L. 99-514 added subsec. (f) and 
redesignated former subsec. (f) as (g).
    1984--Subsec. (e)(3). Pub. L. 98-369, Sec. 1022(a), amended par. (3) 
generally, substituting provisions relating to reformations to comply 
with par. (2), defining ``qualified reformation'', ``reformable 
interest'', and ``qualified interest'', and setting forth limitations on 
the deduction, a special rule where the income beneficiary dies, statute 
of limitations, regulations prescribed by the Secretary, and 
reformations permitted in the case of remainder interests in a residence 
or farm, pooled income funds, etc., for former par. (3), which provided: 
``In the case of a will executed before December 31, 1978, or a trust 
created before such date, if a deduction is not allowable at the time of 
the decedent's death because of the failure of an interest in property 
which passes from the decedent to a person, or for a use, described in 
subsection (a) to meet the requirements of subparagraph (A) or (B) of 
paragraph (2) of this subsection, and if the governing instrument is 
amended or conformed on or before December 31, 1981, or, if later, on or 
before the 30th day after the date on which judicial proceedings begun 
on or before December 31, 1981, (which are required to amend or conform 
the governing instrument), become final, so that the interest is in a 
trust which meets the requirements of such subparagraph (A) or (B) (as 
the case may be), a deduction shall nevertheless be allowed. The 
Secretary may, by regulation, provide for the application of the 
provisions of this paragraph to trusts whose governing instruments are 
amended or conformed in accordance with this paragraph, and such 
regulations may provide for any adjustments in the application of the 
provisions of section 508 (relating to special rules with respect to 
section 501(c)(3) organizations), subchapter J (relating to estates, 
trusts, beneficiaries, and decedents), and chapter 42 (relating to 
private foundations), to such trusts made necessary by the application 
of this paragraph. If, by the due date for the filing of an estate tax 
return (including any extension thereof), the interest is in a 
charitable trust which, upon allowance of a deduction, would be 
described in section 4947(a)(1), or the interest passes directly to a 
person or for a use described in subsection (a), a deduction shall be 
allowed as if the governing instrument was amended or conformed under 
this paragraph. If the amendment or conformation of the governing 
instrument is made after the due date for the filing of the estate tax 
return (including any extension thereof), the deduction shall be allowed 
upon the filing of a timely claim for credit or refund (as provided for 
in section 6511) of an overpayment resulting from the application of 
this paragraph. In the case of a credit or refund as a result of an 
amendment or conformation made pursuant to this paragraph, no interest 
shall be allowed for the period prior to the expiration of the 180th day 
after the date on which the claim for credit or refund is filed.''
    Subsec. (f)(2). Pub. L. 98-369, Sec. 1032(b)(2), added par. (2), and 
redesignated former pars. (2) to (11) as pars. (3) to (12), 
respectively.
    1983--Subsec. (f)(11). Pub. L. 97-473 added par. (11).
    1982--Subsec. (a). Pub. L. 97-248 inserted provision that rules 
similar to the rules of section 501(j) of this title shall apply for 
purposes of par. (2).
    Subsec. (f)(6). Pub. L. 97-258, Sec. 3(f)(1), substituted ``section 
4043 of title 18, United States Code'' for ``section 2 of the Act of May 
15, 1952, as amended by the Act of July 9, 1952 (31 U.S.C. 725s-4)''.
    Subsec. (f)(7). Pub. L. 97-258, Sec. 3(f)(2), substituted ``section 
3113(e) of title 31, United States Code'' for ``section 24 of the Second 
Liberty Bond Act (31 U.S.C. 757e)''.
    1981--Subsec. (e)(4). Pub. L. 97-34 added par. (4).
    1980--Subsec. (e)(3). Pub. L. 96-605 substituted ``December 31, 
1978'' for ``December 31, 1977'' and ``December 31, 1981'' for 
``December 31, 1978'' in two places.
    Pub. L. 96-222 substituted ``such subparagraph (A) or (B)'' for 
``such subparagraph (a) or (B)'' and ``so that the interest'' for ``so 
that interest''.
    Subsec. (f)(5). Pub. L. 96-465, among other changes, inserted 
references to the Director of the International Communication Agency and 
the Director of the United States International Development Cooperation 
Agency and substituted reference to section 25 of the State Department 
Basic Authorities Act of 1956 for reference to section 1021(e) of the 
Foreign Service Act of 1946.
    1978--Subsec. (e)(3). Pub. L. 95-600 inserted ``or (B)'' before ``of 
paragraph (2)'', substituted ``on or before December 31, 1978'' for ``on 
or before December 31, 1977'' wherever appearing and ``which meets the 
requirements of such subparagraph (a) or (B) (as the case may be),'' for 
``which is a charitable remainder annuity trust, a charitable remainder 
unitrust (described in section 664), or a pooled income fund (described 
in section 642(c)(5)),''.
    1976--Subsec. (a). Pub. L. 94-455, Secs. 1307(d)(1)(B)(ii), (C), 
1313(b)(2), 1902(a)(12)(A), 2009(b)(4)(B), (C), struck out ``(including 
the interest which falls into any such bequest, legacy, devise, or 
transfer as a result of an irrevocable disclaimer of a bequest, legacy, 
devise, transfer, or power, if the disclaimer is made before the date 
prescribed for the filing of the estate tax return)'' after ``or 
transfers'' in provisions preceding par. (1), struck out ``Territory,'' 
after ``State,'' in par. (1), inserted ``, or to foster national or 
international amateur sports competition (but only if no part of its 
activities involve the provision of athletic facilities or equipment),'' 
after ``encouragement of art'' and substituted ``which is not 
disqualified for tax exemption under section 501(c)(3) by reason of 
attempting to influence legislation,'' for ``no substantial part of the 
activities of which is carrying on propaganda, or otherwise attempting 
to influence legislation,'' in par. (2), substituted ``such trust, 
fraternal society, order, or association would not be disqualified for 
tax exemption under section 501(c)(3) by reason of attempting to 
influence legislation,'' for ``no substantial part of the activities of 
such trustee or trustees, or of such fraternal society, order, or 
association, is carrying on propaganda, or otherwise attempting, to 
influence legislation,'' in par. (3), and, in provisions following par. 
(4), substituted ``a qualified disclaimer'' for ``an irrevocable 
disclaimer'' and ``such qualified disclaimer'' for ``such irrevocable 
disclaimer''.
    Subsec. (b). Pub. L. 94-455, Sec. 1902(a)(4)(A), struck out 
provisions under which a bequest in trust, if the surviving spouse of 
the decedent was entitled for life to all of the net income from the 
trust and the surviving spouse had a power of appointment over the 
corpus of that trust exercisable by will in favor of, among others, 
organizations described in subsec. (a)(2), could be deemed a transfer to 
the organization by the decedent under certain conditions.
    Subsec. (e)(2). Pub. L. 94-455, Sec. 2124(e)(2), substituted 
``(other than an interest described in section 170(f)(3)(B))'' for 
``(other than a remainder interest in a personal residence or farm or an 
undivided portion of the decedent's entire interest in property)'' in 
provisions preceding subpar. (A).
    Subsec. (e)(3). Pub. L. 94-455, Sec. 1304(a), Sec. 1906(b)(13)(A), 
substituted ``will executed before December 31, 1977,'' for ``will 
executed before September 21, 1974,'' and ``amended or conformed on or 
before December 31, 1977, or, if later, on or before the 30th day after 
the date on which judicial proceedings begun on or before December 31, 
1977'' for ``amended or conformed on or before December 31, 1975, or, if 
later, on or before the 30th day after the date on which judicial 
proceedings begun on or before December 31, 1975'' and struck out ``or 
his delegate'' after ``Secretary''.
    Subsec. (f). Pub. L. 94-455, Sec. 1902(a)(4)(B), extended par. (2) 
by inserting reference to gifts, struck out par. (3) which made a cross 
reference to section 2 of the Act of Aug. 8, 1946 (60 Stat. 924; 5 
U.S.C. 393) for construction of bequests for benefit of the library of 
the Post Office Department as bequests to or for the use of the United 
States, redesignated pars. (4)-(11) as (3)-(10), respectively, 
substituted ``For treatment of gifts and bequests for the benefit of the 
Office of Naval Records and History as gifts or bequests to or for the 
use of the United States, see section 7222 of title 10, United States 
Code'' for ``For exemption of bequests for benefit of Office of Naval 
Records and Library, Navy Department, see section 2 of the Act of March 
4, 1937 (50 Stat. 25; 5 U.S.C. 419b)'' in par. (3) as so redesignated, 
substituted ``For treatment of gifts and bequests to or for the benefit 
of National Park Foundation as gifts or bequests to or for the use of 
the United States, see section 8 of the Act of December 18, 1967 (16 
U.S.C. 191)'' for ``For exemption of bequests to or for benefit of 
National Park Service, see section 5 of the Act of July 10, 1935 (49 
Stat. 478; 16 U.S.C. 19c)'' in par. (4) as so redesignated, and 
corrected obsolete and inaccurate references in pars. (5)-(10) as so 
redesignated.
    1974--Subsec. (e)(3). Pub. L. 93-483 added par. (3).
    1970--Subsec. (b)(2)(C). Pub. L. 91-614 substituted ``6 months'' for 
``one year''.
    1969--Subsec. (a)(2). Pub. L. 91-172, Sec. 201(d)(4)(A) (i), 
inserted non-participation and non-intervention in political campaigns 
as an additional qualification.
    Subsec. (a)(3). Pub. L. 91-172, Sec. 201(d)(4)(A)(ii), inserted non-
participation and non-intervention in political campaigns as an 
additional qualification.
    Subsec. (e). Pub. L. 91-172, Sec. 201(d)(1), substituted substantive 
provisions for simple reference to sections 503 and 681 of this title in 
which such substantive provisions were formerly set out.
    1958--Subsec. (e). Pub. L. 85-866 substituted ``503'' for ``504''.
    1956--Subsec. (b). Act Aug. 6, 1956, designated existing provisions 
as par. (1) and added par. (2).

                         Change of Name

    International Communication Agency, and Director thereof, 
redesignated United States Information Agency, and Director thereof, by 
section 303 of Pub. L. 97-241, title III, Aug. 24, 1982, 96 Stat. 291, 
set out as a note under section 1461 of Title 22, Foreign Relations and 
Intercourse. United States Information Agency (other than Broadcasting 
Board of Governors and International Broadcasting Bureau) abolished and 
functions transferred to Secretary of State, see sections 6531 and 6532 
of Title 22.


                    Effective Date of 1997 Amendment

    Amendment by section 1089(b)(3), (5) of Pub. L. 105-34 applicable to 
transfers in trust after July 28, 1997, with special rule for certain 
decedents, see section 1089(b)(6) of Pub. L. 105-34, set out as a note 
under section 664 of this title.
    Amendment by section 1530(c)(7) of Pub. L. 105-34 applicable to 
transfers made by trusts to, or for the use of, an employee stock 
ownership plan after Aug. 5, 1997, see section 1530(d) of Pub. L. 105-
34, set out as a note under section 401 of this title.


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 applicable with respect to activities 
after Dec. 22, 1987, see section 10711(c) of Pub. L. 100-203, set out as 
a note under section 170 of this title.


                    Effective Date of 1986 Amendment

    Section 1422(e) of Pub. L. 99-514 provided that: ``The amendments 
made by this section [amending this section and sections 2106 and 2522 
of this title] shall apply to transfers and contributions made after 
December 31, 1986.''


                    Effective Date of 1984 Amendment

    Section 1022(e) of Pub. L. 98-369, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) Subsections (a), (b), and (c).--The amendments made by 
subsections (a), (b), and (c) [amending this section and sections 170 
and 2522 of this title] shall apply to reformations after December 31, 
1978; except that such amendments shall not apply to any reformation to 
which section 2055(e)(3) of the Internal Revenue Code of 1986 [formerly 
I.R.C. 1954] (as in effect on the day before the date of the enactment 
of this Act [July 18, 1984]) applies. For purposes of applying clause 
(iii) of section 2055(e)(3)(C) of such Code (as amended by this 
section), the 90th day described in such clause shall be treated as not 
occurring before the 90th day after the date of the enactment of this 
Act.
    ``(2) Subsection (d).--The amendment made by subsection (d) 
[amending section 664 of this title] shall apply to transfers after 
December 31, 1978.
    ``(3) Statute of limitations.--
        ``(A) In general.--If on the date of the enactment of this Act 
    [July 18, 1984] (or at any time before the date 1 year after such 
    date of enactment), credit or refund of any overpayment of tax 
    attributable to the amendments made by this section is barred by any 
    law or rule of law, such credit or refund of such overpayment may 
    nevertheless be made if claim therefor is filed before the date 1 
    year after the date of the enactment of this Act.
        ``(B) No interest where statute closed on date of enactment.--In 
    any case where the making of the credit or refund of the overpayment 
    described in subparagraph (A) is barred on the date of the enactment 
    of this Act [July 18, 1984], no interest shall be allowed with 
    respect to such overpayment (or any related adjustment) for the 
    period before the date 180 days after the date on which the 
    Secretary of the Treasury (or his delegate) is notified that the 
    reformation has occurred.''
    Amendment by section 1032(b)(2) of Pub. L. 98-369 applicable to 
taxable years beginning after July 18, 1984, see section 1032(c) of Pub. 
L. 98-369, set out as a note under section 170 of this title.


                    Effective Date of 1983 Amendment

    For effective date of amendment by Pub. L. 97-473, see section 
204(3) of Pub. L. 97-473, set out as an Effective Date note under 
section 7871 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-248 effective Oct. 5, 1976, see section 
286(c) of Pub. L. 97-248, set out as a note under section 501 of this 
title.


                    Effective Date of 1981 Amendment

    Section 423(c)(1) of Pub. L. 97-34 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply to the 
estates of decedents dying after December 31, 1981.''


                    Effective Date of 1980 Amendments

    Section 301(b)(1) of Pub. L. 96-605 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply in the case 
of decedents dying after December 31, 1969.''
    Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as 
otherwise provided, see section 2403 of Pub. L. 96-465, set out as an 
Effective Date note under section 3901 of Title 22, Foreign Relations 
and Intercourse.
    Amendment by Pub. L. 96-222 effective, except as otherwise provided, 
as if it had been included in the provisions of the Revenue Act of 1978, 
Pub. L. 95-600, to which such amendment relates, see section 201 of Pub. 
L. 96-222, set out as a note under section 32 of this title.


   Extension of 1978 Amendment; Charitable Lead Trusts and Charitable 
            Remainder Trusts in Case of Income and Gift Taxes

    Section 301(b)(2) of Pub. L. 96-605 provided that: ``Section 514(b) 
[section 514(b) of Pub. L. 95-600, set out below] (and section 514(c) 
[section 514(c) of Pub. L. 95-600, set out below] insofar as it relates 
to section 514(b)) of the Revenue Act of 1978 shall be applied as if the 
amendment made by subsection (a) [amending this section] had been 
included in the amendment made by section 514(a) of such Act [section 
514(a) of Pub. L. 95-600, amending this section].''


Effective Date of 1978 Amendment; Charitable Lead Trusts and Charitable 
            Remainder Trusts in Case of Income and Gift Taxes

    Section 514(c) of Pub. L. 95-600, as added by Pub. L. 96-222, title 
I, Sec. 105(a)(4)(B), Apr. 1, 1980, 94 Stat. 219; amended Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
    ``(1) For subsection (a).--The amendment made by subsection (a) 
[amending this section] shall apply in the case of decedents dying after 
December 31, 1969.
    ``(2) For subsection (b).--Subsection (b) [section 514(b) of Pub. L. 
95-600, set out below]--
        ``(A) insofar as it relates to section 170 of the Internal 
    Revenue Code of 1986 [formerly I.R.C. 1954] shall apply to transfers 
    in trust and contributions made after July 31, 1969, and
        ``(B) insofar as it relates to section 2522 of the Internal 
    Revenue Code of 1986 shall apply to transfers made after December 
    31, 1969.''


                    Effective Date of 1976 Amendment

    Section 1304(c) of Pub. L. 94-455 provided that: ``The amendments 
made by this section [amending this section] shall apply in the case of 
decedents dying after December 31, 1969.''
    Amendment by section 1307(d)(1)(B)(ii), (C) of Pub. L. 94-455, 
applicable to estates of decedents dying after Dec. 31, 1976, see 
section 1307(e) of Pub. L. 94-455, set out as a note under section 501 
of this title.
    Amendment by section 1313(b)(2) of Pub. L. 94-455 applicable on day 
following Oct. 4, 1976, see section 1313(d) of Pub. L. 94-455, set out 
as a note under section 501 of this title.
    Amendment by section 1902(a)(4) of Pub. L. 94-455 applicable in the 
case of estates of decedents dying after Oct. 4, 1976, see section 
1902(c)(1) of Pub. L. 94-455, set out as a note under section 2011 of 
this title.
    Amendment by section 1902(a)(12)(A) of Pub. L. 94-455 applicable 
with respect to gifts made after Dec. 31, 1976, see section 1902(c)(2) 
of Pub. L. 94-455, set out as a note under section 2501 of this title.
    Amendment by section 2009(b)(4)(B), (C) of Pub. L. 94-455 applicable 
with respect to transfers creating an interest in person disclaiming 
made after Dec. 31, 1976, see section 2009(e)(2) of Pub. L. 94-455, set 
out as a note under section 2518 of this title.
    Amendment by section 2124(e)(2) of Pub. L. 94-455 applicable with 
respect to contributions or transfers made after June 13, 1976, see 
section 2124(e)(4) of Pub. L. 94-455, set out as a note under section 
170 of this title.


                    Effective Date of 1974 Amendment

    Section 3(b) of Pub. L. 93-483 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply with respect to 
estates of decedents dying after December 31, 1969.''


                    Effective Date of 1970 Amendment

    Amendment by Pub. L. 91-614 applicable with respect to decedents 
dying after Dec. 31, 1970, see section 101(j) of Pub. L. 91-614, set out 
as an Effective Date note under section 2032 of this title.


                    Effective Date of 1969 Amendment

    Amendment by section 201(d)(1) of Pub. L. 91-172 applicable in the 
case of decedents dying after Dec. 31, 1969, with specified exceptions, 
see section 201(g)(4) of Pub. L. 91-172, set out as a note under section 
170 of this title.
    Amendment by section 201(d)(4)(A) of Pub. L. 91-172 applicable to 
gifts and transfers made after Dec. 31, 1969, see section 201(g)(4)(E) 
of Pub. L. 91-172, set out as a note under section 170 of this title.


                    Effective Date of 1956 Amendment

    Section 3 of act Aug. 6, 1956, provided that: ``The amendments made 
by this Act [amending this section and section 6503 of this title] shall 
apply in the case of decedents dying after August 16, 1954.''

                          Transfer of Functions

    United States International Development Cooperation Agency (other 
than Agency for International Development and Overseas Private 
Investment Corporation) abolished and functions and authorities 
transferred, see sections 6561 and 6562 of Title 22, Foreign Relations 
and Intercourse.


                            Special Donations

    Section 1422(d) of Pub. L. 99-514 provided that: ``If the Secretary 
of the Interior acquires by donation after December 31, 1986, a 
conservation easement (within the meaning of section 2(h) of S. 720, 
99th Congress, 1st Session, as in effect on August 16, 1986) [see Pub. 
L. 99-420, Sept. 25, 1986, Sec. 102(h), 99 Stat. 955, 957], such 
donation shall qualify for treatment under section 2055(f) or 2522(d) of 
the Internal Revenue Code of 1954 [now 1986], as added by this 
section.''


Charitable Lead Trusts and Charitable Remainder Trusts in Case of Income 
                             and Gift Taxes

    Section 514(b) of Pub. L. 95-600, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``Under 
regulations prescribed by the Secretary of the Treasury or his delegate, 
in the case of trusts created before December 31, 1977, provisions 
comparable to section 2055(e)(3) of the Internal Revenue Code of 1986 
[formerly I.R.C. 1954] (as amended by subsection (a)) shall be deemed to 
be included in sections 170 and 2522 of the Internal Revenue Code of 
1986.''


             Extension of Period for Filing Claim for Refund

    Section 1304(b) of Pub. L. 94-455, as amended by Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ``A claim for 
refund or credit of an overpayment of the tax imposed by section 2001 of 
the Internal Revenue Code of 1986 [formerly I.R.C. 1954] allowable under 
section 2055(e)(3) of such Code (as amended by subsection (a)) shall not 
be denied because of the expiration of the time for filing such a claim 
under section 6511(a) if such claim is filed not later than June 30, 
1978.''

                  Section Referred to in Other Sections

    This section is referred to in sections 170, 501, 508, 2011, 2012, 
2013, 2014, 2031, 2032, 2053, 2056A, 2106, 2522, 2642, 2652, 4947, 4948, 
7871 of this title; title 12 section 3051; title 15 section 80a-3; title 
22 section 3307.
