Estate of Theodore J. Chamberlain - Page 24




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          by Dale.  That leaves close to $100,000 of assets that was marked           
          "JT", that were not marked at all, or that were merely listed on            
          the Probate Inventory.  Thus, even if designating certain assets            
          as "J" was sufficient for purposes of section 2518(b), the                  
          question of what other assets were disclaimed would still be                
          unresolved.  According to section 25.2518-2(b)(1), Gift Tax                 
          Regs.:  "The writing must identify the interest in property                 
          disclaimed".  We take that to mean that the writing itself, not             
          extrinsic evidence, must specify the assets that are being                  
          disclaimed.  Accordingly, inasmuch as decedent failed--within the           
          four corners of a written disclaimer instrument--to identify any            
          assets as being disclaimed, we hold that he did not comply with             
          section 25.2518-2(b)(1), Gift Tax Regs.                                     
               E.   Delivery of Written Disclaimer                                    
               Section 2518(b)(2) and section 25.2518-2(b)(2), Gift Tax               
          Regs., require delivery of the written disclaimer to the                    
          transferor of the interest, the transferor's legal                          
          representative, or the holder of legal title to the property                
          (such as a trustee) within the applicable 9-month period.  Where            
          the disclaimant is also the legal representative of the estate,             
          this requirement is satisfied when the disclaimant signs the                
          written disclaimer.  See Estate of Bennett v. Commissioner,                 
          100 T.C. 42, 67 n.14 (1993) (citing Estate of Fleming v.                    
          Commissioner, 974 F.2d 894 (7th Cir. 1992), affg. T.C. Memo.                





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