-24- 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 transferPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 NextLast modified: March 27, 2008