Disclaimer Of Trust Interest Not Treated As Taxable Gift.

A trust had been created for the benefit of the taxpayer's husband and his children from a prior marriage before the taxpayer was born.  The trust specified that the taxpayer would receive half of the current income during her husband's life and all of the income if he pre-deceased her until the death of the husband and his two siblings.  A second trust established before the taxpayer's marriage to the husband paid the taxpayer a fixed annuity with staged principal distributions upon the taxpayer reaching various ages so long as the taxpayer and the husband were co-habituating.  Upon marriage the taxpayer's trust interest would end unless she disclaimed her interest in the first trust with the remainder being split among the husband's grandchildren or descendants.  The taxpayer knew nothing about the second trust until after it was established and proposed to disclaim her interest in the first trust within nine months of the marriage to her husband.  The IRS allowed the disclaimer because it was within reasonable time after she obtained knowledge of her interest according to Treas. Reg. Sec. 25. 2511-1(c), and the disclaimer would not be treated as a taxable gift.  The IRS noted that the trust involved was created before 1977 under a different set of rules than now apply.  Priv. Ltr. Rul. 201540006 (Jun. 11, 2015).