visions of this subchapter, an visions of this subchapter, 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. 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. Estates of Decedents Dying on or before Feb. 10, 1939 Sec. 813. (a) (2) Revenue Act of 1932 or chapter 4. Sec. 813. (a) (2) Revenue Act of 1932 or chapter 4. (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 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 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 to be included in the value of the to be included in the value of the gross estate of the decedent for the gross estate of the decedent for the purposes of this this of subchapter purposes subchapter chapter 3, then there shall be chapter 3, then there shall be credited against the tax imposed by credited against the tax imposed by section 810 or 860 the amount of section 810 or 860 the amount of the tax paid under chapter 4 or the tax paid under chapter 4 or under Title III of the Revenue Act under Title III of the Revenue Act of 1932 with respect to so much of 1932 with respect to so much of the property which constituted of the property which constituted the gift as is included in the gross the gift as is included in the gross estate, except that the amount of estate, except that the amount of such credit shall not exceed an such credit shall not exceed an amount which bears the same ratio amount which bears the same ratio to the tax imposed by section 810 to the tax imposed by section 810 or 860 as the value (at the time of or 860 as the value (at the time of the gift or at the time of the death, the gift or at the time of the death, whichever is lower) of so much of 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. the property which constituted the (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. Sec. 301. (b) (1). See p. 478, Eighth Edition. Sec. 301. (b) (2). See p. 480, Eighth Edition. Estates of Decedents Sec. 813 (a) (1), I. R. C., supra, amended by Sec. 410 (a), R. A. of 1942, and Sec. 813 (a) (2) (A), I. R. C., supra, amended by Sec. 410 (b), R. A. of 1942, to read as above. Sec. 401, R. A. of 1942, makes both amendments applicable to estates of decedents dying after Oct. 21, 1942. For Sec. 813 (a), I. R. C., before amendment, see 1942 column. Estates of Decedents Sec. 813 (a) (1), I. R. C., supra, amended by Sec. 410 (a), R. A. of 1942, by adding language in italics. Sec. 813 (a) (2) (A), I. R. C., supra, amended by Sec. 410 (b), R. A. of 1942, by adding language in italics. Sec. 401, R. A. of 1942, makes both amendments applicable to estates of decedents dying after Oct. 21, 1942. For previous amendments of Sec. 813 (a), I. R. C., see 1941 column. Estates of Decedents Sec. 813 (a) (2), I. R. C., supra, amended by Sec. 1, H. J. Res. 60, approved March 17, 1941, by omitting language in stricken through type and adding language in italics. The words "or chapter 4" were added to the heading of subsection 2. Sec. 2 of said H. J. Res. 60 makes amendment effective as if said section as amended had been enacted in the I. R. C. on Feb. 10, 1939. Sec. 813. (b) Estate, succession, Sec. 813. (b) Estate, succession, Sec. 813. (b) Estate, succession, legacy, and inheritance taxes.- legacy, and inheritance taxes.- legacy, and inheritance taxes.The tax imposed by section 810 or The tax imposed by section 810 or The tax imposed by section 810 or 860 shall be credited with the 860 shall be credited with the 860 shall be credited with the amount of any estate, inheritance, amount of any estate, inheritance, amount of any estate, inheritance, legacy, or succession taxes ac- legacy, or succession taxes ac- legacy, or succession taxes actually paid to any State or Terri- tually paid to any State or Terri- tually paid to any State or Territory or the District of Columbia, tory or the District of Columbia, tory or the District of Columbia, or any possession of the United or any possession of the United or any possession of the United States, in respect of any property States, in respect of any property States, in respect of any property included in the gross estate (not included in the gross estate (not included in the gross estate (not including any such taxes paid with including any such taxes paid with including any such taxes paid with respect to the estate of a person respect to the estate of a person respect to the estate of a person other than the decedent). The other than the decedent). The other than the decedent). The credit allowed by this subsection credit allowed by this subsection credit allowed by this subsection shall not exceed 80 per centum of shall not exceed 80 per centum of shall not exceed 80 per centum of the tax imposed by section 810 or the tax imposed by section 810 or the tax imposed by section 810 or 860 (before deducting from such tax 860 (after before deducting from 860 (after deducting from such the credits provided by section 813 such tax the credits provided by sec- tax the credits provided by section (a) (1) and (2)), and shall include tion 813 (a) (1) and (2)), and shall 813 (a) (2)), and shall include only such taxes as were actually include only such taxes as were only such taxes as were actually paid and credit therefor claimed actually paid and credit therefor within four years after the filing of claimed within four years after the the return required by section 821 filing of the return required by secor 864, except that— tion 821 or 864, except that Sec. 813. (b) (1) If a petition Sec. 813. (b) (1) If a petition for redetermination of a deficiency for redetermination of a deficiency has been filed with the Board of has been filed with the Board of Tax Appeals within the time prescribed in section 871, then within such four-year period or before the expiration of 60 days after the decision of the Board becomes final. Tax Appeals within the time pre- Sec. 813. (b) (2) If, under sec- Sec. 813. (b) (2) If, under section 822 (a) (2) or section 871 tion 822 (a) (2) or section 871 (h), an extension of time has been (h), an extension of time has been granted for payment of the tax granted for payment of the tax shown on the return, or of a de- shown on the return, or of a deficiency, then within such fouryear period or before the date of the expiration of the period of the extension. Refund based on the credit may (despite the provisions of sections 910 to 912, inclusive), be made if claim therefor is filed within the period above provided. Any such refund shall be made without interest. Sec. 813 (b), I. R. C., supra, amended by Sec. 410 (c), R. A. ficiency, then within such four- extension. Refund based on the credit may Sec. 813 (b), I. R. C., supra, paid and credit therefor claimed within four years after the filing of the return required by section 821 or 864, except that Sec. 813. (b) (1) If a petition for redetermination of a deficiency has been filed with the Board of Tax Appeals within the time prescribed in section 871, then within such four-year period or before the expiration of 60 days after the decision of the Board becomes final. Sec. 813. (b) (2) If, under seetion 822 (a) (2) or section 871 (h), an extension of time has been granted for payment of the tax shown on the return, or of a deficiency, then within such fouryear period or before the date of the expiration of the period of the extension. Refund based on the credit may (despite the provisions of sections 910 to 912, inclusive), be made if claim therefor is filed within the period above provided. Any such refund shall be made without interest. Sec. 813 (b), I. R. C., supra, amended by Sec. 1. H. J. Res. Sec. 813. (b) Estate, succession, Sec. 813. (b) Estate, succession, legacy, and inheritance taxes.- legacy, and inheritance taxes.The tax imposed by section 810 or The Tax imposed by section 810 or 860 shall be credited with the 860 shall be credited with the amount of any estate, inheritance, amount of any estate, inheritance, legacy, or succession taxes ac- legacy, or succession taxes actually paid to any State or Terri- tually paid to any State or Territory or the District of Columbia, tory or the District of Columbia, or any possession of the United or any possession of the United States, in respect of any property States, in respect of any property included in the gross estate (not included in the gross estate (not including any such taxes paid with including any such taxes paid with respect to the estate of a person respect to the estate of a person other than the decedent). The other than the decedent). The credit allowed by this subsection credit allowed by this subsection shall not exceed 80 per centum of shall not exceed 80 per centum of the tax imposed by section 810 or the tax imposed by section 810 or 860 (after deducting from such 860 (after deducting from such tax the credits provided by section tax the credits provided by section 813 (a) (2)), and shall include 813 (a) (2)), and shall include only such taxes as were actually only such taxes as were actually paid and credit therefor claimed paid and credit therefor claimed within four years after the filing within four years after the filing of the return required by section of the return required by section 821 or 864, except that821 or 864, except that Estates of Decedents Dying on or before Feb. 10, 1939 Sec. 301. (c). See p. 480, Eighth Edition. Subpart II-Returns and Pay- Subpart II-Returns and Pay- Subpart II-Returns and Payment of Tax Sec. 820. Executor's notice. The executor, within two months after the decedent's death, or within a like period after qualifying as such, shall give written notice thereof to the collector. Sec. 821. Returns. Sec. 821. (a) Requirement. ment of Tax Sec. 820. Executor's notice. Sec. 821. Returns. ment of Tax Sec. 820. Executor's notice. The executor, within two months after the decedent's death, or within a like period after qualifying as such, shall give written notice thereof to the collector. Sec. 821. Returns. Sec. 821. (a) Requirement.Sec. 821. (a) Requirement.— Sec. 821. (a) (1) Returns by ex- Sec. 821. (a) (1) Returns by ex- Sec. 821. (a) (1) Returns by executor. In all cases where the ecutor.-In all cases where the ecutor.-In all cases where the gross estate at the death of a citi-gross estate at the death of a citi- gross estate at the death of a citizen or resident exceeds the amount zen or resident exceeds the amount zen or resident exceeds the amount of the specific exemption provided of the specific exemption provided of the specific exemption provided in section 812 (a), the executor in section 812 (a), the executor in section 812 (a), the executor shall make a return under oath in shall make a return under oath in shall make a return under oath in duplicate, setting forth (1) the duplicate, setting forth (1) the value of the gross estate of the de- value of the gross estate of the decedent at the time of his death; cedent at the time of his death; (2) the deductions allowed under (2) the deductions allowed under section 812; (3) the value of the section 812; (3) the value of the net estate of the decedent as de- net estate of the decedent as defined in section 812; and (4) the fined in section 812; and (4) the fined in section 812; and (4) the tax paid or payable thereon; or tax paid or payable thereon; or tax paid or payable thereon; or such part of such information as such part of such information as such part of such information as may at the time be ascertainable may at the time be ascertainable may at the time be ascertainable and such supplemental data as and such supplemental data as and such supplemental data as may be necessary to establish the may be necessary to establish the may be necessary to establish the correct tax. correct tax. duplicate, setting forth (1) the value of the gross estate of the decedent at the time of his death; (2) the deductions allowed under section 812; (3) the value of the net estate of the decedent as de correct tax. Sec. 821. (a) (2) Returns by Sec. 821. (a) (2) Returns by Sec. 821. (a) (2) Returns by beneficiaries.-If the executor is beneficiaries.-If the executor is beneficiaries.-If the executor is unable to make a complete return unable to make a complete return unable to make a complete return as to any part of the gross estate as to any part of the gross estate as to any part of the gross estate of the decedent, he shall include of the decedent, he shall include of the decedent, he shall include in his return a description of such in his return a description of such in his return a description of such part and the name of every person part and the name of every person part and the name of every perholding a legal or beneficial interest holding a legal or beneficial interest son holding a legal or beneficial therein, and upon notice from the collector such person shall in like manner make a return as to such part of the gross estate. Sec. 821. (a) (3) Cross refer ence. For provision requiring a return where the gross estate therein, and upon notice from the Sec. 821. (a) (3) Cross refer ence. For provision requiring a return where the gross estate interest therein, and upon notice from the collector such person shall in like manner make a return as to such part of the gross estate. Sec. 821. (a) (3) Cross refer ence. For provision requiring a return where the gross estate Estates of Decedents 60, approved March 17, 1941, by adding words "or 860," effective as of Feb. 10, 1939. For prior amendments of Sec. 813 (b), I. R. C., see 1939 column. Estates of Decedents A. of 1939, by adding itali- Subpart II-Returns and Pay- Subpart II-Returns and Pay Sec. 821. (a) (1) Returns by ex- Sec. 821. (a) (1) Returns by executor.-In all cases where the ecutor.-In all cases where the gross estate at the death of a citi- gross estate at the death of a citizen or resident exceeds the amount zen or resident exceeds the amount of the specific exemption provided of the specific exemption provided in section 812 (a), the executor in section 812 (a), the executor shall make a return under oath in shall make a return under oath in duplicate, setting forth (1) the duplicate, setting forth (1) the value of the gross estate of the de- value of the gross estate of the decedent at the time of his death; cedent at the time of his death; (2) the deductions allowed under (2) the deductions allowed under section 812; (3) the value of the section 812; (3) the value of the net estate of the decedent as de- net estate of the decedent as defined in section 812; and (4) the fined in section 812; and (4) the tax paid or payable thereon; or tax paid or payable thereon; or such part of such information as such part of such information as may at the time be ascertainable may at the time be ascertainable and such supplemental data as and such supplemental data as may be necessary to establish the may be necessary to establish the correct tax. correct tax. Sec. 821. (a) (2) Returns by Sec. 821. (a) (2) Returns by beneficiaries.-If the executor is beneficiaries.—If the executor is unable to make a complete return unable to make a complete return as to any part of the gross estate as to any part of the gross estate of the decedent, he shall include of the decedent, he shall include in his return a description of such in his return a description of such part and the name of every per- part and the name of every person holding a legal or beneficial son holding a legal or beneficial interest therein, and upon notice interest therein, and upon notice from the collector such person from the collector such person shall in like manner make a re- shall in like manner make a return as to such part of the gross turn as to such part of the gross estate. estate. Estates of Decedents Dying on or before Feb. 10, 1939 Sec. 304. (a). See p. 508, Eighth Edition. Sec. 304. (b). See p. 510, Eighth Edition. |