-10- partnership interest in Christiansen Investments had a fair market value of $1,330,700. The estate’s tax return used these values to report a total gross estate value of slightly more than $6.5 million. When read in conjunction with the disclaimer’s reservation to Hamilton of $6.35 million worth of property, this meant that only $40,555.80 would pass to the Foundation and $121,667.20 to the Trust. The estate deducted the entire amount passing to the Foundation, and the part passing to the Trust that was equal to the present value of 7 percent of $121,667.20 per annum for 20 years. The total came to about $140,000. It is important to note that the estate did not deduct the value of Hamilton’s contingent-remainder interest in the Trust’s corpus. See sec. 20.2055-2(b)(1), Estate Tax Regs. The Commissioner determined that the fair market values of Christiansen’s 99 percent FLP interests should be increased and that Hamilton’s disclaimer did not “qualify”--a term we discuss later--to make any part of the estate’s property passing to either the Trust or the Foundation generate a charitable deduction. The estate timely filed a petition, and trial was held in St. Paul, Minnesota. The parties settled the valuation question before trial by stipulating that the fair market value of the Christiansen’s interest in Christiansen Investments was $1,828,718.10, anPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: March 27, 2008