Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 12




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          20-year term of the Trust and, if Hamilton survives that term,              
          she has the right to any trust property then remaining.  She thus           
          has a contingent-remainder interest in the Trust’s property.7               
               Hamilton did not disclaim this contingent remainder, which             
          makes her disclaimer a “partial disclaimer.”  The Code and                  
          regulations’ treatment of partial disclaimers is quite complex,             
          so we begin our analysis with some background on estate-tax                 
          deductions, followed by a close reading of the regulation                   
          governing partial disclaimers, its exceptions, and the effect of            
          the savings clause on Hamilton’s disclaimer.                                
               A.   Deductions and Disclaimers Under the Estate Tax                   
               The Code taxes the transfer of the taxable estate of any               
          decedent who is a U.S. citizen or resident.  Sec. 2001(a).  The             
          taxable estate is the value of the decedent’s gross estate less             
          applicable deductions.  Secs. 2031(a) and 2051.  A deduction for            
          bequests made to charitable organizations is one of the                     
          deductions allowed in calculating a decedent’s taxable estate.              
          Sec. 2055(a)(2).  But Christiansen did not bequeath any of her              


               7 We need not decide whether the burden of proof shifts to             
          respondent under section 7491(a) because the case is mostly                 
          determined by applying the law to undisputed facts.  Where there            
          were disputed facts, both parties met their burden of production,           
          and findings were based on a preponderance of the evidence.  See            
          Deskins v. Commissioner, 87 T.C. 305, 322-23 n.17 (1986); Payne             
          v. Commissioner, T.C. Memo. 2003-90.  Both parties “have                    
          satisfied their burden of production by offering some evidence,             
          * * * [so] the party supported by the weight of the evidence will           
          prevail.”  Blodgett v. Commissioner, 394 F.3d 1030, 1039 (8th               
          Cir. 2005), affg. T.C. Memo. 2003-212.                                      





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