Estate of Harry Fagan, Jr., - Page 11




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               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 section, then the                      
               amount deductible under this section shall be the                      
               amount of such bequests, legacies, or devises reduced                  
               by the amount of such taxes.                                           
          "Section 2055(c) in effect provides that the deduction is based             
          on the amount actually available for charitable uses, that is,              
          the amount of the fund remaining after the payment of all death             
          taxes."  Sec. 20.2055-3, Estate Tax Regs.                                   
               Generally, "Congress intended that the federal estate tax              
          should be paid out of the estate as a whole, and that the                   
          applicable state law as to the devolution of property at death              
          should govern the distribution of the remainder and the ultimate            
          impact of the federal tax".  Riggs v. Del Drago, 317 U.S. 95, 97-           
          98 (1942).  In limited situations, Congress has specified where             
          the estate tax burden would fall.  See secs. 2206 (life                     
          insurance), 2207 (powers of appointment), 2207A (marital                    
          deduction property), and 2207B (reserved life estate).  These               
          situations deal with property that does not pass through the                
          executor's hands in administering the estate.  See Riggs v. Del             
          Drago, supra at 102.  Section 2206 provides in part:                        
                    Unless the decedent directs otherwise in his will,                
               if any part of the gross estate on which tax has been                  
               paid consists of proceeds of policies of insurance on                  
               the life of the decedent receivable by a beneficiary                   
               other than the executor, the executor shall be entitled                
               to recover from such beneficiary such portion of the                   



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Last modified: May 25, 2011