§ 20.2044-1T - Certain property for which marital deduction was previously allowed (temporary).

(a)-(d) [Reserved]For further guidance, see § 20.2044-1 (a) through (d).

(e) Examples. [Reserved]For further guidance, see § 20.2044-1(e).

Example 1

through Example 7.[Reserved]For further guidance, see § 20.2044-1(e) Example 1 through Example 7.

Example 8.

Inclusion of trust property when surviving spouse dies before first decedent's estate tax return is filed. D dies on July 1, 1997. D's estate tax return is due after February 18, 1997. Under the terms of D's will, a trust is established for the benefit of D's spouse, S. The will provides that S is entitled to receive the income from that portion of the trust that the executor elects to treat as qualified terminable interest property. The trust terms otherwise provide S with a qualifying income interest for life under section 2056(b)(7)(B)(ii). S dies on February 10, 1998. On April 1, 1998, D's executor files D's estate tax return on which an election is made to treat a portion of the trust as qualified terminable interest property under section 2056(b)(7). S's estate tax return is filed on November 10, 1998. The value on the date of S's death of the portion of the trust for which D's executor made a QTIP election is includible in S's gross estate under section 2044.