cedents dying after Feb. 10, The second sentence of the For prior amendments of Sec. 812 (c), I. R. C., see 1941 column. Sec. 812. (d) Transfers for pub Estates of Decedents Sec. 812. (d) Transfers for pubSec. 812. (d) Transfers for public, charitable, and religious uses. lic, charitable, and religious uses. lic, charitable, and religious uses. -The amount of all bequests, lega--The amount of all bequests, lega--The amount of all bequests, legacies, devises, or transfers (includ- cies, devises, or transfers (includ- cies, devises, or transfers (includ ing the interest which falls into any ing the interest which falls into any ing the interest which falls into any such bequest, legacy, devise, or such bequest, legacy, devise, or such bequest, legacy, devise, or transfer as a result of an irrevoca- transfer as a result of an irrevoca- transfer as a result of an irrevocable disclaimer of a bequest, legacy, ble disclaimer of a bequest, legacy, ble disclaimer of a bequest, legacy, devise, transfer, or power, if the devise, transfer, or power, if the devise, transfer, or power, if the disclaimer is made prior to the date disclaimer is made prior to the date disclaimer is made prior to the date prescribed for the filing of the es- prescribed for the filing of the es- prescribed for the filing of the estate tax return), to or for the use tate tax return), to or for the use tate tax return), to or for the use of the United States, any State, of the United States, any State, of the United States, any State, Territory, any political subdivision Territory, any political subdivision Territory, any political subdivision thereof, or the District of Colum- thereof, or the District of Colum- thereof, or the District of Columbia, for exclusively public purposes, bia, for exclusively public purposes, bia, for exclusively public purposes, or to or for the use of any corpora- or to or for the use of any corpora- or to or for the use of any corporation organized and operated exclu- tion organized and operated exclu- tion organized and operated exclusively for religious, charitable, sively for religious, charitable, sively for religious, for charitable, scientific, literary, or educational scientific, literary, or educational scientific, literary, or educational purposes, including the encourage- purposes, including the encourage- purposes, including the encouragement of art and the prevention of ment of art and the prevention of ment of art and the prevention of cruelty to children or animals, no cruelty to children or animals, no cruelty to children or animals, no part of the net earnings of which part of the net earnings of which part of the net earnings of which inures to the benefit of any private inures to the benefit of any private inures to the benefit of any private stockholder or individual, and no stockholder or individual, and no stockholder or individual, and no substantial part of the activities of substantial part of the activities of substantial part of the activities of which is carrying on propaganda, which is carrying on propaganda, which is carrying on propaganda, or otherwise attempting to influence or otherwise attempting to influence or otherwise attempting to influence legislation, or to a trustee or trus- legislation, or to a trustee or trus- legislation, or to a trustee or trustees, or a fraternal society, order, tees, or a fraternal society, order, tees, or a fraternal society, order, or association operating under the or association operating under the or association operating under the lodge system, but only if such con- lodge system, but only if such con- lodge system, but only if such contributions or gifts are to be used by tributions or gifts are to be used by tributions or gifts are to be used by such trustee or trustees, or by such such trustee or trustees, or by such such trustee or trustees, or by such fraternal society, order, or associa- fraternal society, order, or associa- fraternal society, order, or association, exclusively for religious, tion, exclusively for religious, tion, exclusively for religious, charitable, scientific, literary, or ed- charitable, scientific, literary, or ed- charitable, scientific, literary, or educational purposes, or for the pre- ucational purposes, or for the pre-ucational purposes, or for the prevention of cruelty to children or vention of cruelty to children or vention of cruelty to children or animals, and no substantial part of animals, and no substantial part of animals. If the tax imposed by the activities of such trustee, or the activities of such trustee, or trustees, or of such fraternal soci-trustees, or of such fraternal society, order, or association, is carry-ety, order, or association, is carrying on propaganda, or otherwise attempting, to influence legislation. ing on propaganda, or otherwise Property includible in the dece- attempting, to influence legislation. dent's gross estate under section 811 Property includible in the dece(f) received by a donee described dent's gross estate under section 811 in this subsection shall, for the pur-(f) received by a donee described section 810, 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 other Estates of Decedents Estates of Decedents Estates of Decedents Sec. 812. (d) Transfers for pub Sec. 812. (d) Transfers for public, charitable, and religious uses. lic, charitable, and religious uses. -The amount of all bequests, lega--The amount of all bequests, legacies, devises, or transfers (includ- cies, devises, or transfers (including the interest which falls into any ing the interest which falls into any such bequest, legacy, devise, or such bequest, legacy, devise, or transfer as a result of an irrevoca- transfer as a result of an irrevocable disclaimer of a bequest, legacy, ble disclaimer of a bequest, legacy, devise, transfer, or power, if the devise, transfer, or power, if the disclaimer is made prior to the date disclaimer is made prior to the date prescribed for the filing of the es- prescribed for the filing of the estate tax return), to or for the use tate tax return), to or for the use of the United States, any State, of the United States, any State, Territory, any political subdivision Territory, any political subdivision thereof, or the District of Colum- thereof, or the District of Columbia, for exclusively public purposes, bia, for exclusively public purposes, or to or for the use of any corpora- or to or for the use of any corporation organized and operated exclu- tion organized and operated exclusively for religious, charitable, sively for for religious, charitable, scientific, literary, or educational scientific, literary, or educational purposes, including the encourage- purposes, including the encouragement of art and the prevention of ment of art and the prevention of cruelty to children or animals, no cruelty to children or animals, no part of the net earnings of which part of the net earnings of which inures to the benefit of any private inures to the benefit of any private stockholder or individual, and no stockholder or individual, and no substantial part of the activities of substantial part of the activities of which is carrying on propaganda, which is carrying on propaganda, or otherwise attempting to influence or otherwise attempting to influence legislation, or to a trustee or trus- legislation, or to a trustee or trustees, or a fraternal society, order, tees, or a fraternal society, order, or association operating under the or association operating under the lodge system, but only if such con- lodge system, but only if such contributions or gifts are to be used by tributions or gifts are to be used by such trustee or trustees, or by such such trustee or trustees, or by such fraternal society, order, or associa- fraternal society, order, or association, exclusively for religious, tion, exclusively for religious, charitable, scientific, literary, or ed- charitable, scientific, literary, or educational purposes, or for the pre-ucational purposes, or for the prevention of cruelty to children or vention of cruelty to children or animals. If the tax imposed by animals. If the tax imposed by section 810, or any estate, succes- section 810, or any estate, succession, legacy, or inheritance taxes, sion, legacy, or inheritance taxes, are, either by the terms of the will, are, either by the terms of the will, by the law of the jurisdiction under by the law of the jurisdiction under which the estate is administered, or which the estate is administered, or by the law of the jurisdiction im- by the law of the jurisdiction imposing the particular tax, payable posing the particular tax, payable in whole or in part out of the be- in whole or in part out of the bequests, legacies, or devises other-quests, legacies, or devises other Sec. 303. (a) (3). See p. 498, Eighth Edition. Estates of Decedents poses of this subsection, be considered a bequest of such decedent. If the tax imposed by section 810, 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 paragraph, then the amount deductible under this paragraph shall be the amount of such bequests, legacies, or devises reduced by the amount of such taxes. The amount of the deduction under this subsection for any transfer shall not exceed the value of the transferred property required to be included in the gross estate. Sec. 812 (d), I. R. C., supra, amended by Sec. 408 (a), by Sec. 409 (a), and by Sec. 403 (b) (1), R. A. of 1942, to read as above. For Sec. 812 (d), I. R. C., before amendment and effective dates of amendments, see 1942 column. See Sec. 403 (d), R. A. of 1942, in fn. 29, p. 966, relative to powers with respect to which amendment not applicable. Sec. 813. Credits against tax. in this subsection shall, for the pur-wise deductible under this para- Sec. 812 (d), I. R. C., supra, amended by Sec. 408 (a), R. A. of 1942, by adding first language in italics. Sec. 408 (c) of said Act makes amendment applicable to estates of decedents dying after Feb. 10, 1939. Sec. 812 (d), I. R. C., supra, amended by Sec. 409 (a), R. A. of 1942, by adding language at end of first sentence shown in underlined italics. Sec. 401 of said Act makes amendment applicable to estates of decedents dying after Oct. 21, 1942. Sec. 812 (d), I. R. C., supra, Sec. 813. Credits against tax. Sec. 813. (a) (1) Revenue Act of Sec. 813. (a) (1) Revenue Act of 1924.-In case a tax has been im- 1924.-In case a tax has been imposed under section 319 of the posed under section 319 of the Revenue Act of 1924, 43 Stat. 313, Revenue Act of 1924, 43 Stat. 313, as amended by section 324 of the as amended by section 324 of the Revenue Act of 1926, 44 Stat. 86, Revenue Act of 1926, 44 Stat. 86, upon any gift, and thereafter upon upon any gift, and thereafter upon the death of the donor the amount the death of the donor the amount thereof is required by any provi- thereof is required by any provision of this subchapter to be in- sion of this subchapter to be included in the gross estate of the de- cluded in the gross estate of the decedent then there shall be credited cedent then there shall be credited against and applied in reduction of against and applied in reduction of the estate tax, which would other- the estate tax, which would otherwise be chargeable against the es- wise be chargeable against the estate of the decedent under the tate of the decedent under the Sec. 812 (d), I. R. C., supra, amended by Sec. 408 (a), R. A. of 1942, by adding language in italics. Sec. 408 (c) of said Act makes amendment applicable to estates of decedents dying after Feb. 10, 1939. Sec. 813. Credits against tax. Sec. 813. (a) (1) Revenue Act of 1924.-In case a tax has been imposed under section 319 of the Revenue Act of 1924, 43 Stat. 313, as amended by section 324 of the Revenue Act of 1926, 44 Stat. 86, upon any gift, and thereafter upon the death of the donor the amount thereof is required by any provision of this subchapter to be included in the gross estate of the decedent then there shall be credited against and applied in reduction of the estate tax, which would otherwise be chargeable against the estate of the decedent under the pro wise deductible under this para- wise deductible under this para- Estates of Decedents Dying on or before Feb. 10, 1939 Sec. 813. Credits against tax. Sec. 813. (a) (1) Revenue Act of 1924. In case a tax has been imposed under section 319 of the Revenue Act of 1924, 43 Stat. 313, as amended by section 324 of the Revenue Act of 1926, 44 Stat. 86, upon any gift, and thereafter upon the death of the donor the amount thereof is required by any provision of this subchapter to be included in the gross estate of the decedent then there shall be credited against and applied in reduction of the estate tax, which would otherwise be chargeable against the estate of the decedent under the pro Sec. 813. Credits against tax. Sec. 813. (a) (1) Revenue Act of Estates of Decedents provisions of this subchapter, (after deducting from such tax the credit provided by section 813 (b)), an amount equal to the tax paid with respect to such gift; and in the event the donor has in any year paid the tax imposed by said section 319 with respect to a gift or gifts which upon the death of the donor must be included in his gross estate and a gift or gifts not required to be so included, then the amount of the tax which shall be deemed to have been paid with respect to the gift or gifts required to be so included shall be that proportion of the entire tax paid on account of all such gifts which the amount of the gift or gifts required to be so included bears to the total amount of gifts in that year. Sec. 813. (a) (2) Revenue Act of 1932 or chapter 4. provisions of this subchapter, (after visions of this subchapter, an Sec. 813. (a) (2) Revenue Act of 1932 or chapter 4. Sec. 813. (a) (2) Revenue Act of 1932 or chapter 4. subchapter (A) If a tax has been paid un- (A) If a tax has been paid un(A) If a tax has been paid under chapter 4 or under Title III of der chapter 4 or under Title III of der chapter 4 or under Title III of the Revenue Act of 1932, 47 Stat. the Revenue Act of 1932, 47 Stat. the Revenue Act of 1932, 47 Stat. 245, on a gift, and thereafter upon 245, on a gift, and thereafter upon 245, on a gift, and thereafter upon the death of the donor any amount the death of the donor any amount the death of the donor any amount in respect of such gift is required in respect of such gift is required in respect of such gift is required to be included in the value of the to be included in the value of the to be included in the value of the gross estate of the decedent for gross estate of the decedent for gross estate of the decedent for the the purposes of this subchapter, the purposes of this subchapter, purposes of this then there shall be credited against then there shall be credited against chapter 3, then there shall be the tax imposed by section 810 or the tax imposed by section 810 or credited against the tax imposed by 860 the amount of the tax paid un- 860 the amount of the tax paid un-section 810 or 860 the amount of der chapter 4 or under Title III of der chapter 4 or under Title III of the tax paid under chapter 4 or the Revenue Act of 1932 with re- the Revenue Act of 1932 with re-under Title III of the Revenue Act spect to so much of the property spect to so much of the property of 1932 with respect to so much which constituted the gift as is in- which constituted the gift as is included in the gross estate, except cluded in the gross estate, except the gift as is included in the gross of the property which constituted that the amount of such credit shall that the amount of such credit shall not exceed an amount which bears the same ratio to the tax imposed by section 810 or 860 (after deducting from such tax the credits provided by section 813 (a) (1) and (b)) as the value (at the time of the gift or at the time of the death, whichever is lower) of so much of the property which constituted the gift as is included in the gross estate, bears to the value of the entire gross estate. not exceed an amount which bears (B) For the purposes of para(B) For the purposes of paragraph (A), the amount of tax paid graph (A), the amount of tax paid for any year under chapter 4 or for any year under chapter 4 or under Title III of the Revenue Act under Title III of the Revenue Act of 1932, with respect to any prop- of 1932, with respect to any property shall be an amount which erty shall be an amount which bears the same ratio to the total tax bears the same ratio to the total tax paid for such year as the value of paid for such year as the value of such property bears to the total such property bears to the total amount of net gifts (computed amount of net gifts (computed without deduction of the specific without deduction of the specific exemption) for such year. exemption) for such year. such credit shall not exceed an estate, except that the amount of amount which bears the same ratio to the tax imposed by section 810 the gift or at the time of the death, or 860 as the value (at the time of whichever is lower) of so much of gift as is included in the gross esthe property which constituted the tate, bears to the value of the entire gross estate. (B) For the purposes of paragraph (A), the amount of tax paid for any year under chapter 4 or under Title III of the Revenue Act of 1932 with respect to any property shall be an amount which bears the same ratio to the total tax paid for such year as the value of such property bears to the total amount of net gifts (computed without deduction of the specific exemption) for such year. |