Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 33




                                        -33-                                          
          disclaimer of all or an undivided portion of either the income              
          interest or the remainder.  See sec. 25.2518-3(a)(1)(i), Gift Tax           
          Regs.  Although the life estate and the remainder are separate              
          transferor-created interests, neither is severable property.                
          Thus, A could not make a qualified disclaimer of the income from            
          the property for a term of years.  Sec. 25.2518-3(a)(ii), Gift              
          Tax Regs.                                                                   
               By contrast, assume T devised a fee simple in the farm to A.           
          Neither a life estate nor a remainder interest in the farm is a             
          separate transferor-created interest, nor are they severable                
          property interests.  See sec. 25.2518-3(b), Gift Tax Regs.  Thus,           
          A could make a qualified disclaimer of all or an undivided                  
          portion of the farm but could not retain a life estate and make a           
          qualified disclaimer of the remainder.  See id.; see also                   
          Walshire v. United States, supra at 349.                                    
               If the farm consists of 500 acres of land and 500 head of              
          cattle, the farm is severable property with respect to the land             
          and the cattle; i.e., if the cattle are severed from the land,              
          the existence of the cattle will be complete and independent of             
          the land and the existence of the land will be complete and                 
          independent of the cattle.  Thus, A could retain the land and               
          make a qualified disclaimer of the cattle or retain the cattle              
          and make a qualified disclaimer of the land.  Further, the land             
          and the cattle each may be divided into two or more parts, each             







Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  Next 

Last modified: March 27, 2008