- 30 - especially in view of respondent's proposed assertion of increased deficiencies. Decedent incorporated the provisions of Tenn. Code Ann. sec. 35-50-110 in her will, thus giving her executors a wide range of powers, including the power to obtain loans on behalf of the estate and to pledge assets to secure those loans. There is nothing in the will to suggest decedent intended to restrict this specifically granted authority. A testator's intent "must be ascertained from that which he has written into the will, and not from what some interested party supposes that he intended to do." Davis v. Price, 226 S.W.2d 290, 292 (Tenn. 1949). The estate's interest expenses are deductible as administration expenses under section 2053(a)(2). II. Respondent's Alternative Theory. Respondent alternatively argues that decedent's estate is not entitled to a deduction under section 2053(a)(2) for interest expense accruing on loans during the period in which a promissory note from the Company, on which the estate was payee, produced interest income exactly offsetting the Provident Loan interest expense. Decedent's estate sold a substantial block of class B stock to the Company on December 30, 1991. In exchange, decedent's estate received a cash payment and a promissory note, the terms of which were identical to the terms of the promissory note which the estate had previously executed in favor ofPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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