- 24 - 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.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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