- 15 - See Estate of Todd v. Commissioner, 57 T.C. 288, 294-296 (1971). Decedent's estate bears the burden of proof on this issue. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Tenn. Code Ann. sec. 35-50-109 (rep. vol. 1984) allows a testator to incorporate by reference in her will the provision of Tenn. Code Ann. sec. 35-50-110. Paragraph 3.1 of decedent’s will incorporated Tenn. Code Ann. sec. 35-50-110, which provides in part: Without diminution or restriction of the powers vested in the fiduciary by law, or elsewhere in this instrument, and subject to all other provision of this instrument, the fiduciary, without the necessity of procuring any judicial authorization therefor, or approval thereof, shall be vested with, and in the application of such fiduciary’s best judgment and discretion in behalf of the beneficiaries of this instrument shall be authorized to exercise, the powers hereunder specifically enumerated: * * * * * * * * (8) In behalf of the estate, borrow money; evidence such loans by promissory notes or other evidence of indebtedness signed by the fiduciary in the fiduciary’s fiduciary capacity, to be binding upon the assets of the estate but not upon the fiduciary in the fiduciary’s individual capacity; secure such loans by assigning or pledging personal property of the estate, * * * and repay such loans, including principal and interest due thereon. In Cleveland Bank & Trust Co. v. Olsen, 682 S.W.2d 200 (Tenn. 1984), the Supreme Court of Tennessee faced a situation similar to the one herein involving the deductibility, for Tennessee inheritance tax purposes, of interest expenses incurred by an estate which borrowed funds to pay taxes and other expenses. ThePage: 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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