- 19 - and certain other expenses. Except to the extent necessary to fund those liabilities, decedent’s common shares had been bequeathed to Simone. The relevant beneficiaries under the 1987 will are thus (1) decedent’s kin and (2) Simone. If we assume that decedent’s testamentary intent was to maximize the benefit to both groups, so long as neither group benefited at the expense of the other, then it is consistent also to assume that decedent had no interest in the shares being valued for estate tax purposes at an amount greater than necessary to fund death taxes and certain other expenses. Indeed, it is consistent to assume that decedent had an interest in not having the shares valued at an amount greater than necessary to satisfy those liabilities. That is because a greater value would not benefit the kin while, at the same time, the resulting increase in the estate tax would only further burden the company (which was required to redeem the shares in an amount sufficient to fund the death taxes and other expenses) and, by the same token, reduce the value of the bequest to Simone, who was 52 years younger than decedent. Based on the foregoing analysis, we believe that the inference fairly may be drawn that decedent entered into the 1987 redemption agreement for, among other purposes, a testamentary purpose, viz, to reduce the tax on his estate. We are not persuaded to the contrary by the fact that Simone entered into a similar agreement. Simone received the shares subject to his agreement pursuant to decedent’s overall plan, and Simone likelyPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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