Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 41




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               Because Hamilton did not also disclaim her contingent                  
          remainder interest in the trust property (valued by petitioner              
          and by respondent under respondent’s annuity tables at                      
          $434,1561), under the above regulatory provision there occurred a           
          partial failure of Hamilton’s disclaimer.                                   
               The next clause in section 25.2518-2(e)(3), Gift Tax Regs.,            
          describes the effect that the partial failure of Hamilton’s                 
          disclaimer has on the interest in the trust property, as follows:           

                         (3) Partial failure of disclaimer.--                         
                        *     *     *     *     *     *     *                         
                    the disclaimer is not a qualified disclaimer with                 
                    respect to the portion of the disclaimed property which           
                    the disclaimant has a right to receive. * * *                     
                    [Emphasis added.]                                                 

               The portion which Hamilton has a right to receive is only              
          the contingent remainder interest and therefore, under the above            
          clear and express language of the regulations, it is only that              
          portion or interest that is to be treated as disqualified.                  
               Only under the second sentence of the above subparagraph (3)           
          could the trust annuity interest (which Hamilton does not have a            
          right to receive) be tainted and also be treated as disqualified.           


               1For purposes of this side opinion, I disregard the                    
          relatively small value of the foundation’s contingent remainder             
          interest in the trust that stands behind Hamilton’s contingent              
          remainder interest therein should Hamilton die during the 20-year           
          term of the trust.                                                          





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