- 7 - return. Respondent also determined that the allowable charitable contribution deduction for the bequest to the Lubin-Green Foundation was $801,723, rather than $1,565,678, as shown on decedent’s estate tax return, on the basis of a determination that 50 percent of the estate taxes (Federal and Missouri), including interest and penalties, and all the GST tax should be allocated against the amount passing to the Lubin-Green Foundation. OPINION A. Allocation of Federal and Missouri Estate Taxes (Apart From GST Tax) Generally, the manner in which estate taxes are apportioned to the assets included in a decedent’s gross estate is determined under State law. Riggs v. Del Drago, 317 U.S. 95, 98 (1942). In this case, the parties agree that Missouri law governs the apportionment of the estate’s taxes. Missouri has no apportionment statute. See Estate of Boder v. Albrecht Art Museum, 850 S.W.2d 76, 78 (Mo. 1993). The apportionment of taxes is instead determined according to the decedent’s intent, looking first to the decedent’s testamentary instrument. Id. If the decedent’s intent is clear, it is to be given effect. Id. at 79. If the decedent’s intent is unclear, judicial construction of the instrument(s) is appropriate. Id. If the decedent’s intent cannot be determined, the doctrine of equitable apportionment applies. Id.; St. Louis Union Trust Co. v. Krueger, 377 S.W.2dPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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