The marital deduction cannot be claimed for which of the following property? A.
ID: 2597532 • Letter: T
Question
The marital deduction cannot be claimed for which of the following property?
A. Life insurance on the decedent’s life disclaimed by the surviving spouse.
B. Property interests that the spouse takes as dower or courtesy.
C. Property held by decedent and surviving spouse jointly as tenant by the entirety.
D. Property passing to a non-citizen surviving spouse that is transferred to a qualified domestic trust.
A. Life insurance on the decedent’s life disclaimed by the surviving spouse.
B. Property interests that the spouse takes as dower or courtesy.
C. Property held by decedent and surviving spouse jointly as tenant by the entirety.
D. Property passing to a non-citizen surviving spouse that is transferred to a qualified domestic trust.
Explanation / Answer
ans) option (D) Property passing to a non-citizen surviving spouse that is transferred to a qualified domestic trust.
Under the provisions of the Technical and Miscellaneous Revenue Act (TAMRA) of 1988, surviving spouses who are non-US citizens will not be allowed a marital deduction for property passed to them from the estates of decedents dying before TAMRA's effective date, 10 November 1988. Additionally, under TAMRA, a surviving spouse who is a non-US citizen may not be eligible a marital deduction for a qualified terminable interest trust. Accountants should carefully review existing wills for new tax problems caused by TAMRA's limitation of marital deductions.
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