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is also excluded from the subchapter J estate when title to such
property passes directly to an heir or devisee. “[E]ven though
the real property is in the possession of the executor or
administrator during the period of administration”, such
transfers are subject only “to the general provisions of section
102 of the Code.” Rev. Rul. 68-49, 1968-1 C.B. 304, 305; cf.
Rev. Rul. 62-116, 1962-2 C.B. 207.
In Rev. Rul. 64-101, 1964-1 C.B. (Part 1) 77, relied upon by
petitioner, the Commissioner advanced the broad exclusion of real
property as the primary ground for similarly excluding payment of
Florida statutory dower from section 662(a)(2)(B) distributions.
The Commissioner primarily justified the exclusion of dower by
its similarities in “legal characteristics to the real property
exception provided in” section 1.661(a)-2(e), Income Tax Regs.
Rev. Rul. 64-101, 1964-1 C.B. (Part 1) at 79. The Commissioner
went on to declare that the statutory “dower interest might be
even more absolute than real property * * * since real property *
* * might be liable for debts of the estate.”16 Id.
16 In 1964, the personal property portion of Florida
statutory dower was liable for secured debts of the estate, while
real property was not so liable. Fla. Stat. Ann. sec. 731.34
(West 1964) (repealed 1974); 1939 Fla. Laws ch. 18999, sec. 1.
In contrast, the entire Florida elective share, both real and
personal property, is reduced by both secured and unsecured
claims. Fla. Stat. Ann. sec. 732.207 (West 1995). Rev. Rul. 64-
101, 1964-1 C.B. (Part 1) 77, to the extent that it reflects an
assumption that none of the statutory dower interest could be
subject to secured debts, misreads Florida law. However, it
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