Page:United States Statutes at Large Volume 111 Part 1.djvu/872

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Ill STAT. 848 PUBLIC LAW 105-34—AUG. 5, 1997 "(i) the amount of such gifts from the decedent to members of the decedent's family taken into account under subsection 2001(b)(1)(B), plus "(ii) the amount of such gifts otherwise excluded under section 2503(b), to the extent such interests are continuously held by members of such family (other than the decedent's spouse) between the date of the gift and the date of the decedent's death, over "(B) the amount of such gifts from the decedent to members of the decedent's family otherwise included in the gross estate. "(c) ADJUSTED GROSS ESTATE. — For purposes of this section, the term 'adjusted gross estate' means the value of the gross estate (determined without regard to this section)— "(1) reduced by any amount deductible under paragraph (3) or (4) of section 2053(a), and "(2) increased by the excess of— "(A) the sum of— "(i) the amount of gifts determined under subsection (b)(3), plus "(ii) the amount (if more than de minimis) of other transfers from the decedent to the decedent's spouse (at the time of the transfer) within 10 years of the date of the decedent's death, plus "(iii) the amount of other gifts (not included under clause (i) or (ii)) from the decedent within 3 years of such date, other than gifts to members of the decedent's family otherwise excluded under section 2503(b), over "(B) the sum of the amounts described in clauses (i), (ii), and (iii) of subparagraph (A) which are otherwise includible in the gross estate. For purposes of the preceding sentence, the Secretary may provide that de minimis gifts to persons other than members of the decedent's family shall not be taken into account. " (d) ADJUSTED VALUE OF THE QUALIFIED FAMILY-OWNED BUSI- NESS INTERESTS. —For purposes of this section, the adjusted value of any qualified family-owned business interest is the value of such interest for purposes of this chapter (determined without regard to this section), reduced by the excess of— "(1) any amount deductible under paragraph (3) or (4) of section 2053(a), over "(2) the sum of— "(A) any indebtedness on any qualified residence of the decedent the interest on which is deductible under section 163(h)(3), plus "(B) any indebtedness to the extent the taxpayer establishes that the proceeds of such indebtedness were used for the payment of educational and medical expenses of the decedent, the decedent's spouse, or the decedent's dependents (within the meaning of section 152), plus "(C) any indebtedness not described in subparagraph (A) or (B), to the extent such indebtedness does not exceed $10,000. " (e) QUALIFIED FAMILY-OWNED BUSINESS INTEREST.—