Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 24




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          20.2055-2(b)(1), but by section 20.2055-2(c).  All disclaimers              
          are by definition executed after a decedent’s death, but under              
          section 2518 the transfer that a qualified disclaimer triggers              
          relates back to the date of death, and the interest disclaimed              
          passes as if it had been a bequest in the decedent’s will.  As              
          we’ve already noted, see supra note 9, the disclaimer regulation            
          characterizes the property going directly to the Foundation as a            
          qualified disclaimer of an "undivided portion of an interest"               
          because Hamilton didn’t keep any remainder interest.  See sec.              
          2518(c)(1); sec. 25.2518-3(b), Gift Tax Regs.                               
               The Commissioner argues, however, that the increased                   
          charitable deduction like the one the estate is claiming here--             
          for “such value [as has through settlement been] finally                    
          determined for federal estate tax purposes”--is contingent not              
          just because it depended on a disclaimer, but because it occurred           
          only because the IRS examined the estate’s return and challenged            
          the fair market value of its assets.  We disagree.  The                     
          regulation speaks of the contingency of “a transfer” of property            
          passing to charity.  The transfer of property to the Foundation             
          in this case is not contingent on any event that occurred after             
          Christiansen’s death (other than the execution of the disclaimer)           
          --it remains 25 percent of the total estate in excess of                    
          $6,350,000.  That the estate and the IRS bickered about the value           
          of the property being transferred doesn’t mean the transfer                 







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Last modified: March 27, 2008