O. D. McKee and Estate of Anna Ruth McKee, Deceased, R. Ellsworth McKee and Jack C. McKee, Co-Executors - Page 15

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          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.  The           





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