Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 31




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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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