-3-
the present value of that 7 percent annuity from the trust to the
foundation. This depends on whether Hamilton’s undisclaimed
contingent-remainder interest in the trust requires disallowance
of that deduction. The second question is whether the estate can
claim an increased charitable deduction for the increased value
of the disclaimed property passing directly to the foundation.
FINDINGS OF FACT2
Helen Christiansen, a lifelong South Dakotan, led a long and
remarkable life. She was one of the first women lawyers in her
state and practiced there until the late 1950s, when she married
and became a full-time farmer. She and her husband had one
child, Christine Christiansen Hamilton. Hamilton remains, as she
was when she filed the petition, a South Dakota resident. Her
mother was domiciled in the state when she died.
The Christiansens each owned and operated their own farming
and ranching businesses in central South Dakota for many years.
When her husband died in 1986, Christiansen added his operations
to her own. Christiansen’s daughter, like her mother, became
well educated, graduating from Smith College and then earning an
MBA from the University of Arizona. And like her mother, she
decided on a life back home in South Dakota. She married a
2 The parties stipulated to most of the key facts and
exhibits, and insofar as they are relevant to our analysis, we
have adopted the trial Judge’s findings of fact on the others.
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