Estate of Ralph M. Nix, Sr., Deceased, Ralph M. Nix, Jr., Personal Representative - Page 7

                                                - 7 -                                                  
            generally H. Rept. 94-1380, at 65-68 (1976), 1976-3 (Vol. 3) C.B.                          
            738, 799-802.5                                                                             
                  A qualified disclaimer requires an irrevocable and                                   
            unqualified refusal by a person to accept an interest in                                   
            property.  Sec. 2518(b); Estate of Monroe v. Commissioner, 104                             
            T.C. 352 (1995); see also Brown v. Routzahn, 63 F.2d 914 (6th                              
            Cir. 1933); sec. 25.2518-1(a)(1), Gift Tax Regs.  The theory                               
            behind the use of disclaimers, as long reflected in the common                             
            law, is that a person should never be forced to accept the                                 
            burdens of ownership of property without his or her consent.                               
            Towson v. Tickell, 106 Eng. Rep. 575, 576-577 (K.B. 1819).  The                            
            consequence of treating the disclaimed property interest as if                             
            such interest had never been transferred to the surviving spouse                           
            is that the disclaimant is not considered to have made a transfer                          
            and thereby avoids any resulting gift or generation-skipping tax                           


            5     The parties have stipulated that to the extent local law is                          
            applicable in this case, reference shall be made to the laws of                            
            the State of New Mexico.  New Mexico law provides in pertinent                             
            part:                                                                                      
                  Unless the decedent or donee of the power has otherwise                              
                  indicated by his will, the interest renounced, and any                               
                  future interest which is to take effect in possession or                             
                  enjoyment at or after the termination of the interest                                
                  renounced, passes as if the person renouncing had                                    
                  predeceased the decedent. * * * In every case, the                                   
                  renunciation relates back for all purposes to the date of                            
                  death of the decedent or the donee, as the case may be.                              
                  [N.M. Stat. Ann. sec. 45-2-801 C. (Michie 1983 Repl.)]                               
            See DePaoli v. Commissioner, 62 F.3d 1259 (10th Cir. 1995), revg.                          
            T.C. Memo. 1993-577.                                                                       




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