-36- If a trust is created or property is transferred for both a charitable and a private purpose, deduction may be taken of the value of the charitable beneficial interest only insofar as that interest is presently ascertainable, and hence severable from the noncharitable interest. * * * Judge Swift concludes that because the foundation’s annuity interest is presently ascertainable, it is severable from Hamilton’s remainder interest for purposes of qualifying Hamilton’s disclaimer under section 2518. Whether an interest has an ascertainable value is not the proper standard to apply in determining whether that interest is severable for purposes of making qualified disclaimers under section 2518. Indeed, the present values of annuities, life estates, terms of years, remainders, and reversionary interests are all ascertainable for purposes of transfer taxes on the basis of recognized valuation principles. See, e.g., sec. 20.2031-7, Estate Tax Regs. The second sentence of section 20.2055-2(a), Estate Tax Regs., following the sentence quoted by Judge Swift, provides: Thus, in the case of decedents dying before January 1, 1970, if money or property is placed in trust to pay the income to an individual during his life, or for a term of years, and then to pay the principal to a charitable organization, the present value of the remainder is deductible. * * * A remainder following a life estate or a term of years is ascertainable and thus “severable” as the term is used in section 20.2055-2(a), Estate Tax Regs. However, a remainder following aPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 NextLast modified: March 27, 2008