Page:United States Statutes at Large Volume 90 Part 2.djvu/414

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PUBLIC LAW 94-000—MMMM. DD, 1976

9 0 STAT. 1882

PUBLIC LAW 94-455—OCT. 4, 1976 " (B) the distributee of the property shall be personally liable for such tax to the extent provided i n paragraph (3). " (2) L I M I T A T I O N OF PERSONAL LIABILITY OF TRUSTEE W H O RELIES ON CERTAIN INFORMATION FURNISHED BY THE SECRETARY.— " (A) INFORMATION W I T H RESPECT TO RATES.—The trustee

shall not be personally liable for any increase i n the tax imposed by section 2601 which is attributable to the application to the transfer of rates of tax which exceeds the rates of tax furnished by the Secretary to the trustee as being the rates at which the transfer may reasonably be expected to be taxed.

Anu, p. 360.

"(B)

A M O U N T OF REMAINING EXCLUSION.—The trustee shall

not be personally liable for any increase in the tax imposed by section 2601 which is attributable to the fact that — " (i) the amount furnished by the Secretary to the trustee as being the amount of the exclusion for a transfer to a grandchild of the grantor of the trust which may reasonably be expected to remain with respect to the deemed transferor, is less than " ( i i) the amount of such exclusion remaining with respect to such deemed transferor. " (3) L I M I T A T I O N ON PERSONAL LIABILITY OF DISTRIBUTEE.—The

distributee of the property shall be personally liable for the tax imposed by section 2601 only to the extent of an amount equal to the fair market value (determined a s of the time of the distribution) of the property received by the distributee in the distribution. " (b) L I E N. — The tax imposed by section 2601 on any transfer shall be a lien on the property transferred until the tax is p a i d i n full or becomes unenforceable by reason of lapse of time. ^'Subchapter B—Definitions and Special R u l e s

26 USC 2611.

"Sec. 2611. Generation-skipping transfer. "Sec. 2612. Deemed transferor. "Sec. 2613. Other definitions. "Sec. 2614. Special rules. "SEC. 2611. GENERATION-SKIPPING TRANSFER. "(a)

Post, p. 1884. Rules.

G E N E R A T I O N - S K I P P I N G TRANSFER DEFINED.—For purposes of

this chapter, the terms 'generation-skipping transfer' and 'transfer' mean any taxable distribution o r taxable termination w i t h respect to a generation-skipping trust or t r u s t equivalent. " (b) GENERATION-SKIPPING T R U S T. — For purposes of this chapter, the term 'generation-skipping t r u s t ' means any t r u s t h a v i n g younger generation beneficiaries (within the meaning of section 2613(c)(1)) who are assigned to more than one generation. " (c) ASCERTAINMENT OF GENERATION.—For purposes of this chapter, the generation to which any person (other than the g r a n to r) belongs shall be determined in accordance with the following r u l e s: " (1) an individual who is a lineal descendent of a g r and p a r e n t of the g r a n to r shall be assigned to that generation which results from comparing the number of generations between the g r and p a r ent and such individual with the number of generations between the g r and p a r e n t and the grantor, " (2) a n individual who has been a t any time m a r r i e d to a person described in paragraph (1) shall be assigned to the generation of the person so described and a n individual who has been a t any