Estate of Theodore J. Chamberlain - Page 23




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               D.   No Written Disclaimer Designates the Property Being               
                    Disclaimed                                                        
               Section 25.2518-2(b)(1), Gift Tax Regs., requires that the             
          written disclaimer identify the property being renounced and be             
          signed by the disclaimant or his legal representative.  The                 
          purpose of this requirement, along with the requirement of                  
          section 2518(b)(2) concerning delivery of the disclaimer,                   
          discussed infra, is to avoid disputes about whether an interest             
          in property was disclaimed.  See Stephens et al., Federal Estate            
          and Gift Taxation, par. 10.07[2][a] (7th ed. 1996); 5 Bittker &             
          Lokken, Federal Income Taxation of Income, Estates & Gifts, par.            
          121.7.3 at 121-52 (2d ed. 1993).                                            
               On brief, petitioner contends that assets valued at                    
          $498,889 on Mrs. Chamberlain's date of death were disclaimed.               
          Petitioner's list of assets alleged to be disclaimed by decedent            
          does not simply include the residue of Mrs. Chamberlain's                   
          estate--it includes all her probate assets.  Inasmuch as                    
          Mrs. Chamberlain's will provided a $75,000 pecuniary bequest                
          to Dale, we fail to see how decedent could have disclaimed all              
          the probate assets.                                                         
               Petitioner also claims that decedent identified the assets             
          that he was disclaiming by marking them with a "J".  Yet only               
          $257,745 worth of assets was designated "J" by decedent on                  
          Exhibit 5-E; another $149,799 worth of assets were designated "J"           






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