-47- severable property from those of nonseverable property. The remainder in the example must be viewed as nonseverable property to give effect to the rest of the regulation.2 Indeed, the sentence in the regulation, immediately before the italicized sentence, provides: If the portion of the disclaimed interest in property which the disclaimant has a right to receive is not severable property or an undivided portion of the property, then the disclaimer is not a qualified disclaimer with respect to any portion of the property * * * Sec. 25.2518-2(e)(3), Gift Tax Regs. (emphasis added). The majority’s interpretation simply disqualifies the entire disclaimer if the disclaimant has a right to receive any disclaimed property, severable or not, in the form of a trust remainder. The majority’s interpretation is difficult to reconcile with some of the examples in section 25.2518-3(d), Gift Tax Regs. The examples turn on whether the property is severable or nonseverable. Sometimes the disclaimer is qualified (i.e., if the property is severable).3 See sec. 25.2518-3(d), Examples 2The example in sec. 25.2518-2(e)(3), Gift Tax Regs., was not in the proposed regulations. 45 Fed. Reg. 48928 (July 22, 1980). The example was added in the final regulations, released 6 years later. There is no discussion of this example in the Treasury Decision accompanying the final regulations. T.D. 8095, 1986-2 C.B. 160. 3The Commissioner’s ruling positions also support this premise. See, e.g., Tech. Adv. Mem. 96-10-005 (Nov. 9, 1995); Priv. Ltr. Rul. 98-52-034 (Sept. 29, 1998).Page: Previous 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 NextLast modified: March 27, 2008