Therese Hahn - Page 10

                                        -10-                                          
               In 1976, subsection (b) of section 2040 was added to the               
          Code by section 2002(c)(1) of the Tax Reform Act of 1976 (TRA               
          76), Pub. L. 94-455, 90 Stat. 1520, 1855.6  The 1976 amendment              
          created a special rule where the joint tenants were husband and             
          wife.  If the interest was a "qualified joint interest",7 only              
          one-half of the value of the property owned in joint tenancy was            
          includable in the decedent's gross estate, without regard to                


               6As enacted in 1976 sec. 2040(b) read:                                 
               (b)  Certain Joint Interests of Husband and Wife.--                    
                         (1)  Interests of spouse excluded from gross                 
                    estate.-- Notwithstanding subsection (a), in the case             
                    of any qualified joint interest, the value included in            
                    the gross estate with respect to such interest by                 
                    reason of this section is one-half of the value of such           
                    qualified joint interest.                                         
                         (2)  Qualified joint interest defined.--For                  
                    purposes of paragraph (1), the term "qualified joint              
                    interest" means any interest in property held by the              
                    decedent and the decedent's spouse as joint tenants or            
                    as tenants by the entirety, but only if--                         
                              (A)  such joint interest was created by the             
                         decedent, the decedent's spouse, or both,                    
                              (B)(i) in the case of personal property, the            
                         creation of such joint interest constituted in               
                         whole or in part a gift for purposes of chapter              
                         12, or                                                       
                                   (ii) in the case of real property, an              
                              election under section 2515 applies with                
                              respect to the creation of such joint                   
                              interest, and                                           
                              (C) in the case of a joint tenancy, only the            
                         decedent and the decedent's spouse are joint                 
                         tenants.                                                     
               7A "qualified joint interest" was defined as a joint tenancy           
          between husband and wife, or a tenancy by the entirety, where (1)           
          such interest was created by the decedent, the decedent's spouse,           
          or both, and (2) the creation of the joint interest must have               
          been a gift subject to Federal gift tax.                                    




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