- 23 - 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"Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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