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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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