Estate of Bessie I. Mueller, Deceased, John S. Mueller, Personal Representative - Page 64

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                  Respondent argues that petitioner and the Administration                             
            Trust don't satisfy the identity-of-interest requirement because:                          
            (1) The Administration Trust, far from being the only beneficiary                          
            of decedent’s estate, is not even a beneficiary; (2) petitioner’s                          
            recoupment claim will inure to the benefit of all beneficiaries                            
            of the Administration Trust, and petitioner hasn't met the burden                          
            of showing an identity of interest between the Administration                              
            Trust and the estate; (3) the Administration Trust has been and                            
            will be reimbursed for part of its payment of decedent’s estate                            
            taxes by the other parties in interest to whom some portion of                             
            the Federal estate tax liability will be apportioned; (4) some of                          
            the Administration Trust’s beneficiaries aren't beneficiaries of                           
            the estate; and (5) the case law supports denying rather than                              
            affirming that the requirement is satisfied.                                               
                  These arguments don't seem to me to have force.  Although                            
            the Michigan Uniform Estate Tax Apportionment Act provides that,                           
            unless the will otherwise provides, death taxes shall be                                   
            apportioned in proportion to the value of the interest that each                           
            person has in the estate, Mich. Comp. Laws sec. 720.12 (1979), it                          
            also contains several provisions for equitable apportionment,                              
            Mich. Comp. Laws secs. 720.13(b), 720.15(d), 720.16 (1979).  The                           
            aim of this statute is to ensure an equitable allocation of the                            
            burden of the tax among those actually affected by that burden.                            
            In re Estate of Roe, 426 N.W.2d 797, 799-800 (Mich. Ct. App.                               
            1988).                                                                                     




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