- 5 - decedent’s gross estate. Sec. 2057(a)(2). Several requirements must be met either before death or at the time of death for interests in a business to be eligible for the section 2057 deduction. Section 2057(b)(1) sets forth requirements necessary to obtain the deduction: SEC. 2057(b). Estates to Which Section Applies.-- (1) In general.--This section shall apply to an estate if-- (A) the decedent was (at the date of the decedent's death) a citizen or resident of the United States, (B) the executor elects the application of this section and files the agreement referred to in subsection (h), (C) the sum of– (i) the adjusted value of the qualified family-owned business interests described in paragraph (2), plus (ii) the amount of the gifts of such interests determined under paragraph (3), exceeds 50 percent of the adjusted gross estate, and (D) during the 8-year period ending on the date of the decedent's death there have been periods aggregating 5 years or more during which– (i) such interests were owned by the decedent or a member of the decedent's family, and (ii) there was material participation (within the meaning of section 2032A(e)(6)) by thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011