Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 9




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          took an especially skeptical view of the situation, the final               
          quoted phrase in the disclaimer and the savings clause meant that           
          the Commissioner would face an interesting choice if he thought             
          the estate was lowballing its own value--any success in                     
          increasing the value of the estate might only increase the                  
          charitable deduction that the estate would claim.  Which would              
          presumably reduce the incentive of the Commissioner to challenge            
          the value that the estate claimed for itself.                               
               And that, more or less, is the Commissioner’s view of what             
          was going on here.5  As we noted, Christiansen owned 99 percent             
          limited-partnership interests in both MHC Land and Cattle and               
          Christiansen Investments when she died.  She also owned $219,000            
          of real property, and over $700,000 in cash and other assets.               
          The estate obtained appraisals of the limited-partnership                   
          interests, including a 35 percent discount for being a “minority            
          interest,” and reported on its estate-tax return that the 99                
          percent limited-partnership interest in MHC Land and Cattle had a           
          fair market value of $4,182,750, and that the 99 percent limited-           




               5 We do note that Hamilton and her husband had no children             
          of their own--Christiansen’s estate plan should not be viewed as            
          a way to keep a great deal of property in the family with only a            
          veneer of charitable intent.  But the combination of the Trust,             
          the Foundation, and the disclaimer embodied both charitable and             
          estate-planning purposes.  In this case, we analyze the legal               
          consequences of those instruments, not the factual issue of the             
          motivation behind them.                                                     






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