Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 20




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          remainder interest, and would allow a deduction for (a transfer             
          of) the value of the annuity interest that the Trust would pay to           
          the Foundation.  But the problem for the estate is that this                
          section of the regulations applies only to interests passing from           
          the decedent directly.  See sec. 20.2055-2(e)(1), Estate Tax                
          Regs.  When the interest is created by operation of a                       
          disclaimer,13 as it was in this case, section 20.2055-2(c)(1) of            
          the estate tax regulations tells us to look to the disclaimer               
          rules:  “The amount of a * * * transfer for which a deduction is            
          allowable under section 2055 includes an interest which falls               
          into the bequest, devise or transfer as the result of * * * (i) A           
          qualified disclaimer (see section 2518 and the corresponding                
          regulations for rules relating to a qualified disclaimer).”                 
          Because Hamilton’s disclaimer is not, under that regulation, a              
          qualified disclaimer as to any portion of the property passing to           
          the Trust, none of the property transferred to the Trust                    
          generates a charitable deduction.                                           

               13 The dissent relies on examples 8 and 11 in section                  
          25.2518-(3)(d), Gift Tax Regs., see infra pp. 47-48, as showing             
          that a disclaimant may make a qualified disclaimer of income                
          only, or of corpus only, and keep the rest.  This is true--but              
          only if the decedent herself carved out income or corpus                    
          interests in her will, not if the disclaimant is trying to do so            
          through the disclaimer.  As the regulation carefully notes, “in             
          general, each interest in property that is separately created by            
          the transferor is treated as a separate interest.”  Sec. 25.2518-           
          3(a)(1), Gift Tax Regs. (emphasis added).  In this case, Hamilton           
          was bequeathed all her mother’s property in fee simple and was,             
          through the disclaimer, trying to carve it up in tax-advantaged             
          ways by herself.                                                            





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