Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 19




                                        -19-                                          
                    made by the devisee of a fee simple interest                      
                    in Blackacre is not a qualified disclaimer if                     
                    the disclaimant disclaims a remainder                             
                    interest in Blackacre but retains a life                          
                    estate.                                                           
               But for Hamilton’s retaining a remainder interest and giving           
          up present enjoyment instead of the reverse, the example                    
          describes this case.  The Court of Appeals for the Eighth Circuit           
          explained the distinction by comparing it to horizontal and                 
          vertical slices.  Disclaiming a vertical slice--from meringue to            
          crust--qualifies; disclaiming a horizontal slice--taking all the            
          meringue, but leaving the crust--does not.  Walshire, 288 F.3d at           
          347.  The only difference that we can see between Walshire and              
          this case is that Walshire disclaimed a remainder interest and              
          kept the income, while Hamilton tried to do the reverse--but no             
          matter how you slice it, the cases are indistinguishable.12  We             
          are left with the conclusion that her disclaimer is “not a                  
          qualified disclaimer with respect to any portion of the                     
          property.”  Sec. 25.2518-2(e)(3), Gift Tax Regs.                            
               The dissent reaches a different result by focusing on a                
          different sort of property--the annuity interest created under              
          the Trust agreement--and asking whether it is severable property.           
          We agree that section 20.2055-2(e)(2)(vi), Estate Tax Regs.,                
          allows the severance of a guaranteed annuity interest from a                

               12 To be technically precise, Hamilton was giving up an                
          annuity interest rather than an income interest, but the                    
          distinction makes no difference.                                            





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