Estate of Helen Christiansen, Deceased, Christine Christiansen Hamilton, Personal Representative - Page 47




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          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).                                 






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