- 6 - of debts, expenses, and taxes, and a priority for the use of each source of funds in the payment of decedent's estate obligations. Specifically, article IV of decedent's will provides that decedent's assets should be used in the following priority: (1) Property disclaimed by decedent's spouse, (2) assets that would have passed to decedent's spouse under articles V and IX of decedent's will, (3) decedent's class B nonvoting Company shares (article VIII assets), (4) decedent's limited partnership interests,1 and (5) decedent's class E voting Company shares (article VII assets). Decedent incorporated into paragraph 3.1 of her will the provision of Tenn. Code Ann. sec. 35-50-110, (repl. vol. 1984), which gave her executors broad powers, including the power to obtain loans. Decedent's will does not mention the stock restriction agreements, nor does it mention section 6166. On January 15 and September 28, 1988, decedent made gifts of a total of 151,036 shares of class B stock and 1,080 shares of class E Stock, incurring a gift tax for 1988 of $5,212,646.24. Decedent's spouse also made gifts of a total of 151,036 shares of class B stock and 1,080 shares of class E stock on the same dates. Decedent's total gift tax liability was increased by her election to split these gifts with her spouse. 1Article VI of decedent's will addressed decedent's limited partnership interests, which the parties treated as worthless as of the date of decedent's death.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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