Estate of Theodore J. Chamberlain - Page 41




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          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).                       




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