WALSHIRE v. U.S.

No. 01-2465.

288 F.3d 342 (2002)

Thomas J. WALSHIRE, Executor of the Estate of Edward M. Walshire; Everette R. Walshire, Executor of the Estate of Edward M. Walshire, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed May 1, 2002.


Attorney(s) appearing for the Case

Robert N. Downer, Iowa City, IA, argued, for appellant.

Regina S. Moriarty, U.S. Dept. of justice, Washington, DC, argued, for appellee.

Before WOLLMAN, Chief Judge, HANSEN, Circuit Judge, and BATTEY, District Judge.


HANSEN, Circuit Judge.

This case requires us to determine the validity of Treasury Regulation § 25.2518-3(b), which prevents the disclaimer of a remainder interest, while retaining a life estate, from being considered a qualified disclaimer under Internal Revenue Code § 2518, 26 U.S.C. § 2518. We hold that the regulation is valid and affirm the district court's3 judgment upholding the estate tax assessment based on the regulation...

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