- 21 - representative in administering a decedent's estate. See Riggs v. Del Drago, 317 U.S. at 102; Estate of Fagan v. Commissioner, T.C. Memo. 1999-46. One of these provisions, section 2207B(a), provides as follows: SEC. 2207B. RIGHT OF RECOVERY WHERE DECEDENT RETAINED INTEREST. (a) Estate Tax.-- (1) In general.--If any part of the gross estate on which tax has been paid consists of the value of property included in the gross estate by reason of section 2036 (relating to transfers with retained life estate), the decedent's estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as-- (A) the value of such property, bears to (B) the taxable estate. (2) Decedent may otherwise direct.-- Paragraph (1) shall not apply with respect to any property to the extent that the decedent in his will (or a revocable trust) specifically indicates an intent to waive any right of recovery under this subchapter with respect to such property. The estate's position in this case is that the amount of the charitable deduction, attributable to the decedent's bequest of trust property to Millbrook United Methodist Church, should be computed without apportionment of FederalPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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