-15- Trust’s property mean that the property being disclaimed was not going “to a person other than the person making the disclaimer?” The Commissioner argues that the disclaimed property did not pass (or, to be more precise, pass only) to a person other than Hamilton. See sec. 2518(b)(4); sec. 25.2518-2(e)(3), Gift Tax Regs. The applicable regulation is section 25.2518-2(e)(3), Gift Tax Regs., and the key provision is this one: (3) Partial failure of disclaimer. If a disclaimer made by a person other than the surviving spouse is not effective to pass completely an interest in property to a person other than the disclaimant because-– (i) The disclaimant also has a right to receive such property as an heir at law, residuary beneficiary, or by any other means; and (ii) The disclaimant does not effectively disclaim these rights, the disclaimer is not a qualified disclaimer with respect to the portion of the disclaimed property which the disclaimant has a right to receive * * *. If the regulation stopped here, the estate would win-- everyone agrees that the partial disclaimer’s carveout of a contingent remainder means that the estate can’t deduct the value of that remainder interest. But the regulation doesn’t stop there. Instead, it continues: If the portion of the disclaimed interest in property which the disclaimant has a right to receive is not severable property or an undivided portion of the property, then thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: March 27, 2008