Ohio § 5731.17

§ 5731.17.

(A) For purposes of the tax levied by section 5731.02 of the Revised Code , the value of the taxable estate shall be determined by deducting from the value

of the gross estate the amount of all bequests, legacies, devises, or transfers, including

the interest which falls into any such bequest, legacy, devise or transfer as a result

of an irrevocable disclaimer of a bequest, legacy, devise, transfer or power, if the

disclaimer is made before the date prescribed for the filing of the estate tax return: (1) To or for the use of the United States, any state, territory, any political subdivision

thereof, or the District of Columbia, for exclusively public purposes; (2) To or for the use of any corporation organized and operated exclusively for religious,

charitable, scientific, literary, or educational purposes, including the encouragement

of art and the prevention of cruelty to children or animals, no part of the net earnings

of which inures to the benefit of any private stockholder or individual, and no substantial

part of the activities of which is carrying on propaganda or otherwise attempting

to influence legislation; (3) To a trustee or trustees, or a fraternal society, order, or association operating

under the lodge system, but only if such contributions or gifts are to be used by

such trustee or trustees, or by such fraternal society, order, or association, exclusively

for religious, charitable, scientific, literary, or educational purposes, or for the

prevention of cruelty to children or animals, and no substantial part of the activities

of such trustee or trustees, or of such fraternal society, order, or association,

is carrying on propaganda, or otherwise attempting to influence legislation; (4) To or for the use of any veterans' organization incorporated by act of Congress,

or of its departments or local chapters or posts, no part of the net earnings of which

inures to the benefit of any private shareholder or individual. If any estate, succession, or inheritance taxes are, either by the terms of the will,

by the law of the jurisdiction under which the estate is administered, or by the law

of the jurisdiction imposing the particular tax, payable in whole or in part out of

the bequests, legacies, or devises otherwise deductible under this section, then the

amount deductible under this section shall be the amount of such bequests, legacies,

or devises unreduced by the amount of such taxes. (B) If, as of the date of a decedent's death, any bequest, legacy, devise or transfer

for any of the purposes specified in division (A) of this section is dependent upon

the performance of some act or the happening of a precedent event in order that it

might become effective, no deduction is allowable unless the possibility that such

bequest, legacy, devise or transfer will not become effective is so remote as to be

negligible.  The present value of a remainder, deferred payment or other limited interest shall

be determined by the usual methods of valuation, including the use of tables of mortality

and actuarial principles, under rules and regulations prescribed by the tax commissioner.