- 8 - 303 (Mo. 1964); Hammond v. Wheeler, 347 S.W.2d 884 (Mo. 1961); Carpenter v. Carpenter, 267 S.W.2d 632 (Mo. 1954). “The doctrine of equitable apportionment places the burden of the federal estate tax on the property that generates the tax and exonerates from the burden the property which does not.” Estate of Boder v. Albrecht Art Museum, supra at 78-79 (citing Jones v. Jones, 376 S.W.2d 210, 212 (Mo. 1964)). In the notice of deficiency, respondent determined that decedent intended 50 percent of her Federal and Missouri estate taxes (exclusive of GST tax) to be paid out of the charitable bequest and the other 50 percent to be paid out of the bequest in trust for her grandchildren. For the first time on brief, respondent has abandoned this position in favor of a new theory: respondent now argues that decedent intended the estate taxes to be paid entirely out of the charitable bequest to the Lubin-Green Foundation. The estate argues that decedent’s will contains no clear expression of intent regarding the allocation of estate taxes, and, therefore, the doctrine of equitable apportionment requires an allocation of all estate taxes to the property passing in trust to decedent’s grandchildren. Decedent’s will states, in relevant part, that decedent directs her personal representative “to pay, out of my estate, all transfer, estate * * * and other death taxes (exclusive of any generation-skipping transfer tax)”. The will goes on toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011