Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 30

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            an expense of administration and that none of such taxes be                                
            apportioned between or among the recipients of her property.                               
            Since the probate assets were only sufficient to pay                                       
            approximately 5 percent of the death taxes, the trustees of the                            
            Administration Trust advanced the funds for full payment of death                          
            taxes, including the tax liability shown on petitioner's estate                            
            tax return.  The parties in interest thereafter petitioned the                             
            probate court for an apportionment order; the ground of the                                
            petition was the apparent conflict in the death tax payment                                
            provisions of decedent’s will and the Administration Trust, and                            
            the requirements of the Michigan Uniform Estate Tax Apportionment                          
            Act, Mich. Comp. Laws secs. 720.11-720.21 (1979).  The probate                             
            court's order held the Administration Trust responsible for 71.9                           
            percent of the Federal estate tax liability already paid.5  The                            
            probate court's order concludes that the apportionment will be                             
            subject to adjustment, following review by the tax authorities,                            
            in accordance with the same methodology used to effectuate the                             
            apportionment of the original payment.  The Administration Trust                           
            will be reimbursed for payment of some additional estate tax                               

                  5The recipients of property in the decedent’s gross estate                           
            participating in the apportionment of death taxes were:                                    
                        Administration Trust                      71.9%                                
                        Decedent’s Estate                         3.4%                                 
                        James F. Mueller                          10.6%                                
                        John S. Mueller                           10.6%                                
                        E. B. Mueller Insurance Trust             3.0%                                 
                        Decedent’s Condo (sic in                                                       
                                          stipulation)            0.5%                                 




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