Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 2




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                    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.                                                               





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