Internal Revenue Code:Sec. 2058. State death taxes

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Location in Internal Revenue Code

     TITLE 26 - INTERNAL REVENUE CODE
      Subtitle B - Estate and Gift Taxes
       CHAPTER 11 - ESTATE TAX
        Subchapter A - Estates of Citizens or Residents
         PART IV - TAXABLE ESTATE
       

Statute

    Sec. 2058. State death taxes
 
    (a) Allowance of deduction
      For purposes of the tax imposed by section 2001, the value of the
    taxable estate shall be determined by deducting from the value of
    the gross estate the amount of any estate, inheritance, legacy, or
    succession taxes actually paid to any State or the District of
    Columbia, in respect of any property included in the gross estate
    (not including any such taxes paid with respect to the estate of a
    person other than the decedent).
    (b) Period of limitations
      The deduction allowed by this section shall include only such
    taxes as were actually paid and deduction therefor claimed before
    the later of -
        (1) 4 years after the filing of the return required by section
      6018, or
        (2) if -
          (A) a petition for redetermination of a deficiency has been
        filed with the Tax Court within the time prescribed in section
        6213(a), the expiration of 60 days after the decision of the
        Tax Court becomes final,
          (B) an extension of time has been granted under section 6161
        or 6166 for payment of the tax shown on the return, or of a
        deficiency, the date of the expiration of the period of the
        extension, or
          (C) a claim for refund or credit of an overpayment of tax
        imposed by this chapter has been filed within the time
        prescribed in section 6511, the latest of the expiration of -
            (i) 60 days from the date of mailing by certified mail or
          registered mail by the Secretary to the taxpayer of a notice
          of the disallowance of any part of such claim,
            (ii) 60 days after a decision by any court of competent
          jurisdiction becomes final with respect to a timely suit
          instituted upon such claim, or
            (iii) 2 years after a notice of the waiver of disallowance
          is filed under section 6532(a)(3).
    Notwithstanding sections 6511 and 6512, refund based on the
    deduction may be made if the claim for refund is filed within the
    period provided in the preceding sentence.  Any such refund shall
    be made without interest.
 

Sources

    (Added Pub. L. 107-16, title V, Sec. 532(b), June 7, 2001, 115
    Stat. 73.)
 

Amendment of Section

                           TERMINATION OF SECTION
        For termination of section by section 901 of Pub. L. 107-16,
      see Effective and Termination Dates note below.
 

Miscellaneous

                      EFFECTIVE AND TERMINATION DATES
      Section applicable to estates of decedents dying, and
    generation-skipping transfers, after Dec. 31, 2004, see section
    532(d) of Pub. L. 107-16, set out as an Effective and Termination
    Dates of 2001 Amendment note under section 2011 of this title.
      Section inapplicable to estates of decedents dying, gifts made,
    or generation skipping transfers, after Dec. 31, 2010, and the
    Internal Revenue Code of 1986 to be applied and administered to
    such estates, gifts, and transfers as if it had never been enacted,
    see section 901 of Pub. L. 107-16, set out as a note under section
    1 of this title.
 

References

                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in section 2056A of this title.