Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 36




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               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 a            







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