-2- Held, further: The entire value of the property passing to the foundation--including the increased amount passing to the foundation because of the increased valuation of C’s gross estate--is deductible because the disclaimer of that property is a qualified partial disclaimer under section 2518, and because no public policy bars increasing the amount of that deduction. John W. Porter and J. Graham Kenney, for the estate. Trent D. Usitalo, for respondent. HOLMES, Judge:1 Helen Christiansen’s will left everything to her only child, Christine Hamilton. The will anticipated that Hamilton would disclaim a part of her inheritance, and directed that any disclaimed property would go in part to a charitable trust and in part to a charitable foundation that Christiansen had established. The trust would last for 20 years, and pay an annuity of 7 percent of the corpus’s net fair market value at the time of Christiansen’s death to the foundation. At the end of the 20 years, if Hamilton were still alive, the property left in the trust would go to her. The parties settled the issue of the estate’s value-- increasing it substantially over what was reported on the estate’s tax return. There are two questions presented. The first is whether the estate can claim a charitable deduction for 1 The Chief Judge reassigned this case to Judge Holmes from Judge Kroupa.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008