Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 14




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               B.   Partial Disclaimers                                               
               Hamilton’s disclaimer is further complicated because it is a           
          “partial disclaimer.”  The Code recognizes and allows partial               
          disclaimers.  Sec. 2518(c)(1); sec. 25.2518-3(a), Gift Tax Regs.            
          But, whether partial or full, a disclaimer is a “qualified                  
          disclaimer”--meaning that the Code will treat the disclaimed                
          property as if it had never gone to the disclaimant--only if it             
          meets four requirements.  Sec. 2518(b).  It must be in writing.             
          Sec. 2518(b)(1).  It must (with some exceptions not relevant                
          here) be received by the personal representative of the estate no           
          later than nine months after the date of the transfer creating              
          the disclaimant’s interest.  Sec. 2518(b)(2).  It must not allow            
          the disclaimant to accept the disclaimed property or any of its             
          benefits.  Sec. 2518(b)(3).  And, finally, the disclaimed                   
          interest must pass “without any direction on the part of the                
          person making the disclaimer and * * * to a person other than the           
          person making the disclaimer.”  Sec. 2518(b)(4).                            
               It’s the fourth requirement--and only part of the fourth               
          requirement8--that the parties are fighting over here:  Did                 
          Hamilton’s retention of the contingent-remainder interest in the            


               8 The requirement that the disclaimed property pass without            
          any direction on the part of the disclaimant is met here because            
          Christiansen directed in her will that, if Hamilton did disclaim            
          any of the property left to her, the disclaimed portion would be            
          split between the Trust and the Foundation in specified                     
          percentages.                                                                





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