United States Eighth Circuit

In the IRS's appeal from the tax court's determination that a partial disclaimer was valid as to an amount that subsequently passed to a foundation that the decedent named as a contingent beneficiary in her will, the order is affirmed where: 1) Treasury Regulation section 20.2055-2(b)(1) did not speak in terms of the existence or finality of an accounting valuation at the date of death or disclaimer; and 2) the court of appeals could find no evidence of a clear Congressional intent suggesting a policy to maximize incentives for the Commissioner to challenge or audit returns.

Appellate Information

• Decided 11/13/2009
• Published 11/13/2009

Judges

• MELLOY, Circuit Judge., Before MELLOY, BEAM, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• John W. Porter, argued, Keri D. Brown, Baker Botts L.L.P., Houston, TX, for Petitioner-Appellee., Bethany B. Hauser, argued, Teresa E. McLaughlin, on the brief, Washington, DC, for Respondent-Appellant.