Reg. § 20.2051-1 Definition of taxable estate.
(a) General rule The taxable estate of a decedent who was a citizen or resident (see ) of the United States at death is determined by subtracting the total amount of the deductions authorized by sections through from the total amount which must be included in the gross estate under sections through . These deductions are in general as follows—
(1) Funeral and administration expenses and claims against the estate (including certain taxes and charitable pledges) (section ).
(2) Losses from casualty or theft during the administration of the estate (section ).
(3) Charitable transfers (section ).
(4) The marital deduction (section ).
(5) Qualified domestic trusts (section ).
(6) Family-owned business interests (section ) to the extent applicable to estates of decedents.
(7) State death taxes (section ) to the extent applicable to estates of decedents.
(b) Special rules See section and the corresponding regulations for special rules regarding the computation of the taxable estate of a decedent who was not a citizen or resident of the United States. See also concerning the disallowance for income tax purposes of certain deductions allowed for estate tax purposes.
(c) Effective/applicability date This section applies to the estates of decedents dying on or after October 20, 2009.
[T.D. 9468, 74 FR 53657, Oct. 20, 2009]