[Code of Federal Regulations]
[Title 26, Volume 8]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.642(g)-1]

[Page 47-48]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.642(g)-1  Disallowance of double deductions; in general.

    Amounts allowable under section 2053(a)(2) (relating to 
administration expenses) or under section 2054 (relating to losses 
during administration) as deductions in computing the taxable estate of 
a decedent are not allowed as deductions in computing the taxable income 
of the estate unless there is filed a statement, in duplicate, to the 
effect that the items have not been allowed as deductions from the gross 
estate of the decedent under section 2053 or 2054 and that all rights to 
have such items allowed at any time as deductions under section 2053 or 
2054 are

[[Page 48]]

waived. The statement should be filed with the return for the year for 
which the items are claimed as deductions or with the district director 
for the internal revenue district in which the return was filed, for 
association with the return. The statement may be filed at any time 
before the expiration of the statutory period of limitation applicable 
to the taxable year for which the deduction is sought. Allowance of a 
deduction in computing an estate's taxable income is not precluded by 
claiming a deduction in the estate tax return, so long as the estate tax 
deduction is not finally allowed and the statement is filed. However, 
after a statement is filed under section 642(g) with respect to a 
particular item or portion of an item, the item cannot thereafter be 
allowed as a deduction for estate tax purposes since the waiver operates 
as a relinquishment of the right to have the deduction allowed at any 
time under section 2053 or 2054.