
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC2207B]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
                    Subtitle B--Estate and Gift Taxes
 
                         CHAPTER 11--ESTATE TAX
 
                       Subchapter C--Miscellaneous
 
Sec. 2207B. Right of recovery where decedent retained interest


(a) Estate tax

                           (1) In general

        If any part of the gross estate on which tax has been paid 
    consists of the value of property included in the gross estate by 
    reason of section 2036 (relating to transfers with retained life 
    estate), the decedent's estate shall be entitled to recover from the 
    person receiving the property the amount which bears the same ratio 
    to the total tax under this chapter which has been paid as--
            (A) the value of such property, bears to
            (B) the taxable estate.

                  (2) Decedent may otherwise direct

        Paragraph (1) shall not apply with respect to any property to 
    the extent that the decedent in his will (or a revocable trust) 
    specifically indicates an intent to waive any right of recovery 
    under this subchapter with respect to such property.

(b) More than one recipient

    For purposes of this section, if there is more than 1 person 
receiving the property, the right of recovery shall be against each such 
person.

(c) Penalties and interest

    In the case of penalties and interest attributable to the additional 
taxes described in subsection (a), rules similar to the rules of 
subsections (a) and (b) shall apply.

(d) No right of recovery against charitable remainder trusts

    No person shall be entitled to recover any amount by reason of this 
section from a trust to which section 664 applies (determined without 
regard to this section).

(Added Pub. L. 100-647, title III, Sec. 3031(f)(1), Nov. 10, 1988, 102 
Stat. 3637; amended Pub. L. 101-508, title XI, Sec. 11601(b)(1), Nov. 5, 
1990, 104 Stat. 1388-490; Pub. L. 105-34, title XIII, Sec. 1302(b), Aug. 
5, 1997, 111 Stat. 1039.)


                               Amendments

    1997--Subsec. (a)(2). Pub. L. 105-34 amended heading and text of 
par. (2) generally. Prior to amendment, text read as follows: 
``Paragraph (1) shall not apply if the decedent otherwise directs in a 
provision of his will (or a revocable trust) specifically referring to 
this section.''
    1990--Subsec. (b). Pub. L. 101-508, Sec. 11601(b)(1)(A), 
redesignated former subsec. (c) as (b) and struck out former subsec. (b) 
which read as follows: ``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 2036(c)(4), such person shall 
be entitled to recover from the original transferee (as defined in 
section 2036(c)(4)(C)(ii)) the amount which bears the same ratio to the 
total tax for such year under chapter 12 as--
        ``(1) the value of such property for purposes of chapter 12, 
    bears to
        ``(2) the total amount of the taxable gifts for such year.''
    Subsec. (c). Pub. L. 101-508, Sec. 11601(b)(1), redesignated subsec. 
(d) as (c) and substituted ``subsection (a)'' for ``subsections (a) and 
(b)'' and ``subsections (a) and (b)'' for ``subsections (a), (b), and 
(c)''. Former subsec. (c) redesignated (b).
    Subsecs. (d), (e). Pub. L. 101-508, Sec. 11601(b)(1)(A), 
redesignated subsecs. (d) and (e) as (c) and (d), respectively. Former 
subsec. (d) redesignated (c).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-34 applicable with respect to estates of 
decedents dying after Aug. 5, 1997, see section 1302(c) of Pub. L. 105-
34, set out as a note under section 2207A of this title.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-508 applicable in the case of property 
transferred after Dec. 17, 1987, see section 11601(c) of Pub. L. 101-
508, set out as a note under section 2036 of this title.


                             Effective Date

    Section effective as if included in provisions of Revenue Act of 
1987, Pub. L. 100-203, title X, except that if an amount is included in 
the gross estate of a decedent under section 2036 of this title other 
than solely by reason of section 2036(c) of this title, section 
applicable to such amount only with respect to property transferred 
after Nov. 10, 1988, see section 3031(h)(1), (3) of Pub. L. 100-647, set 
out as an Effective Date of 1988 Amendment note under section 2036 of 
this title.
