- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011