- 41 - disclaimed,8 and were indeed considering it. Thus, when drafting Exhibit 8-H, Mr. Kadish used $525,000 as the amount that would be disclaimed, which exceeded the value of the probate assets after deducting the $75,000 needed to pay the specific bequest. Mr. Kadish did not identify the specific assets to be disclaimed when he drafted Exhibit 8-H because he and Mr. Meyer planned to determine which assets would be disclaimed after all the probate and joint tenancy assets were identified and valued. As described in Exhibit 9-I, Mr. Meyer planned to value Mr. Chamberlain's survivorship interests in jointly held bonds and then disclaim however many bonds would be necessary to use fully the unified credit: I will need to make up a total list of joint bonds as well, but we won't pick those up right now, but we're going to have to make a quick decision. Let's get what were [sic] talking about, we'll value them and then see how many more we want to add to the pile. Decedent never signed Exhibit 8-H--not because a disclaimer was otherwise accomplished--but because, as petitioner's counsel 8 Former disclaimer regulations in effect prior to decedent's death required a survivorship interest in a joint tenancy to be disclaimed within 9 months of the creation of the tenancy. However, by the time of Mrs. Chamberlain's death, it was generally accepted, in the case of a unilaterally severable interest in a joint tenancy, that the date of death of the joint tenant was the starting point for measuring the timeliness of a disclaimer under sec. 2518(b)(2). See McDonald v. Commissioner, T.C. Memo. 1989-140, on remand from 853 F.2d 1494 (8th Cir. 1988); IRS Action on Decision 1990-06 (Feb. 7, 1990).Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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