§ 955. Resident's New York taxable estate. (a) General.--The taxable
estate of a New York resident shall be his or her New York gross estate,
minus the deductions allowable for determining his or her federal
taxable estate under the internal revenue code (whether or not a federal
estate tax return is required to be filed), except to the extent that
such deductions relate to real or tangible personal property sitused
outside New York state.

(b) Waiver of deductions.-- If the right to any deduction otherwise
allowable is waived for federal estate tax purposes, it shall be
considered waived for New York estate tax purposes.

(c) Qualified terminable interest property election.-- Except as
otherwise provided in this subsection, the election referred to in
paragraph (7) of subsection (b) of section 2056 of the internal revenue
code shall not be allowed under this article unless such election was
made with respect to the federal estate tax return required to be filed
under the provisions of the internal revenue code. If such election was
made for the purposes of the federal estate tax, then such election must
also be made by the executor on the return of the tax imposed by this
article. Where no federal estate tax return is required to be filed, the
executor must make the election referred to in such paragraph (7) with
respect to the tax imposed by this article on the return of the tax
imposed by this article. Any election made under this subsection shall
be irrevocable.

(d) Cross references.-- For provisions of the internal revenue code
specifying the deductions allowable for federal estate tax purposes,
see:

Sec.2032(b). Alternate valuation--special rule for deductions.

Sec.2046. Disclaimers.

Sec.2053. Expenses, indebtedness, and taxes.

Sec.2054. Losses.

Sec.2055. Transfers for public, charitable, and religious uses.

Sec.2056. Bequests, etc., to surviving spouse.