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make a qualified disclaimer under section 2518(b) or otherwise
substantially comply with section 2518, so that the interests in
property alleged to be disclaimed are properly included in
decedent's gross estate.
I. Did Decedent Make a Qualified Disclaimer?
Section 2033 includes in the gross estate the value of all
property to the extent of the interest of the decedent at the
time of death. Section 2046 incorporates the provisions of
section 2518, which governs disclaimers of property interests for
Federal gift tax purposes. Under section 2046, a "qualified
disclaimer" meeting the requirements of section 2518 results in
the disclaimant's being treated as having never received the
disclaimed interest in property for Federal estate tax purposes.
Instead, as provided by section 25.2518-1(b), Gift Tax Regs., the
interest is considered as passing directly to the persons
entitled to receive the property as a result of the disclaimer.
Section 2518(a) provides that if a person makes a "qualified
disclaimer with respect to any interest in property", Subtitle B
(concerning estate and gift taxes) "shall apply with respect to
such interest as if the interest had never been transferred to
such person."
Section 2518(b) defines a "qualified disclaimer" as follows:
the term "qualified disclaimer" means an irrevocable
and unqualified refusal by a person to accept an
interest in property but only if--
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