Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 11

                                       - 11 -                                         
          bequest.  See sec. 2055(c) (limiting charitable contribution                
          deduction to amount of charitable bequest reduced by amount of              
          taxes payable out of that bequest).  This is especially true when           
          we consider the equivalency that the will otherwise gives to the            
          charitable bequest and the bequest in trust to decedent’s                   
          grandchildren.  These bequests are designated in decedent’s will            
          to each constitute one half of the “rest, residue, and remainder”           
          of decedent’s property.6                                                    
               We agree with the estate that decedent’s will lacks a clear            
          expression of intent as to who is ultimately to bear the burden             
          of the estate taxes.  The will as a whole is ambiguous on this              
          score.  Although decedent’s will provision is susceptible to a              
          number of plausible ways of apportioning the estate taxes, none             
          of these interpretations provides a sustainable basis for                   
          apportioning the estate taxes between the bequest in trust to               
          decedent’s grandchildren and the charitable bequest to the Lubin-           
          Green Foundation.  Under these circumstances, Missouri judicial             
          precedents dictate that we apply the doctrine of equitable                  


               6 This designation might support respondent’s original                 
          interpretation, which he has now abandoned, that the will                   
          requires a 50-50 allocation of the estate taxes between the                 
          charitable bequest and the bequest in trust for the                         
          grandchildren.  Although this interpretation is plausible, it has           
          no express support in the specific provision of decedent’s will             
          dealing with the apportionment of taxes.  Also, the fact that               
          both of the interpretations that respondent has forwarded, as               
          well as other possible interpretations, are similarly plausible             
          supports our ultimate conclusion that the will is ambiguous as to           
          the proper apportionment of the estate taxes.                               




Page:  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