Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 43




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          3(a), Gift Tax Regs., both of which expressly state with regard             
          to remainder and other interests that the key to whether property           
          interests are to be treated as severable interests is whether               
          separate values for each property interest are presently                    
          ascertainable.2  See IRS private letter rulings Priv. Ltr. Rul.             
          2000-27-014 (Mar. 31, 2000), Priv. Ltr. Rul. 1999-27-010 (Apr. 6,           
          1999), Priv. Ltr. Rul. 96-35-018 (May 29, 1996), Priv. Ltr. Rul.            
          96-31-021 (May 3, 1996), each of which treats, in the case of               
          charitable remainder trusts, the remainder as having an                     
          ascertainable value, as severable, and as deductible; and in the            
          case of charitable lead trusts, the fixed annuity as having an              
          ascertainable value, as severable, and as deductible.                       
          Accordingly, the $1,987,515 value of the trust annuity that                 
          Hamilton did disclaim is to be treated as severable from the                
          $434,156 value of the contingent remainder interest not                     
          disclaimed.  Judge Kroupa’s dissenting opinion persuasively                 
          explains this point further.                                                




               2For example, sec. 20.2055-2(a), Estate Tax Regs., provides            
          as follows:                                                                 
                    § 20.2055-2.  Transfers not exclusively for charitable            
               purposes.--(a) Remainders and similar interests.--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. * * *                                 





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