-14- 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: March 27, 2008