- 25 - 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 sec. 731.34 (West 1964) (repealed 1974); 1939 Fla.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 (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011