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however, is not allowed “to partition the interest bequeathed to
him in any manner he chooses” and make a qualified disclaimer of
a part of the interest. Walshire v. United States, supra at 347
(a disclaimer of an undivided portion of an interest in property
“requires a vertical division of the property”). To do so would
ignore the limitation in section 2518(c) that only an “undivided
portion” of an interest may be disclaimed. Id. Section
25.2518-3(b), Gift Tax Regs., specifically disqualifies a
disclaimer of a remainder interest by the transferee of a fee
simple interest.
Section 2518 allows a transferee to make a qualified
disclaimer only of all or an undivided portion of an interest in
property, but it does not require all interests in property given
to the transferee to be treated as one interest; e.g., if T
devises Blackacre and Whiteacre to A, A may keep Whiteacre and
make a qualified disclaimer of Blackacre. Sec. 25.2518-2(e)(5),
Example (10), Gift Tax Regs.
Section 25.2518-3, Gift Tax Regs., provides guidance in
identifying separate interests in property for which qualified
disclaimers may be made and allows a transferee of property to
make a qualified disclaimer of all or an undivided portion of any
separate interest in the property even if the disclaimant has
another interest in the same property. Section 25.2518-
3(a)(1)(i) and (ii), Gift Tax Regs., recognizes that a transferor
may transfer separate interests in the same property (separate
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