Disclaimers w/ Trusts

[Guest reg jones]

I'm trying to figure out the role of a disclaimer when a trust is involved.

Assume following:

Descedent IRA has "look through" trust T as sole bene of IRA. Trust T has 3 bene's: A,B,C (A eldest, then B, etc.)

Questions:

1.Who's lifetime do we use if "A" signs qualified disclaimer to descedent's IRA?

2.Would it matter if A also disclaims trust T?

3.Assume no disclaimer was signed, but assume under the terms of the trust trust bene A is NOT a bene of the IRA (ie trust says B and C 50/50)? Who's lifetime then? Would it matter if the trustee has NO discretion as to the allocation of IRA assets? Is this different under new final regs from old regs?

4. Assume A,B,C were on the actual IRA bene form (not trust T). Assume A disclaims. who's lifetime now?

5. Same as #4 but no disclaimer and A's bene share on bene form shows zero % due to A. Lifetime to be used?

Thanks in advance!

[mbozek]

This question can only be answered by tax counsel who is expert in disclaimers and gift taxation. The client will have to pay for this advice.