Thomas J. Walshire, of the Estate of Edward M. Walshire Everette R. Walshire, of the Estate of Edward M. Walshire v. United States

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’s 3 judgment upholding the estate tax assessment based on the regulation.

I

Edward M. Walshire received a one-fourth interest in the residue of his brother’s estate when his brother died testate. Walshire executed a disclaimer of the…