- 18 - Tenn. Code Ann. sec. 35-50-110 in decedent's will was qualified by the phrase "to the extent applicable, and except as otherwise amended or modified herein". Respondent asserts that decedent's will provided a clear statement of how the estate's debts, taxes, and expenses were to be paid. Respondent maintains that decedent's detailed payment provisions coupled with the buy-sell agreement in effect on decedent's date of death specifically prohibited her executors from obtaining loans and that their action in doing so was unauthorized and should not be charged to decedent's estate. The crux of respondent's argument is that decedent must have known that her estate could face large potential obligations for taxes and other liabilities. Decedent knew that taxes might arise from the inclusion in her taxable estate of gift taxes on gifts she made in January and September 1988, if she died within 3 years of the gifts. Decedent was aware that the buy-sell agreements provided a means for the sale of her Company stock to obtain funds to pay the liabilities of her estate. Respondent contends that decedent consequently gave her executors an "indirect instruction" to elect section 6166 installment payment of the taxes because such an election was necessary to conform the terms of the buy-sell agreements with the terms of the will as those terms were understood by decedent. We disagree.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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