Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 8

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          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 to                






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