Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 12

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          apportionment.  We hold, therefore, that no portion of the estate           
          taxes (other than GST tax) is allocable to the bequest to the               
          Lubin-Green Foundation.  Cf. Estate of McCutchan v. Commissioner,           
          T.C. Memo. 1979-393.                                                        
          B.   Allocation of GST Tax                                                  
               “Unless otherwise directed pursuant to the governing                   
          instrument by specific reference to the [GST] tax * * *, the tax            
          imposed * * * on a generation-skipping transfer shall be charged            
          to the property constituting such transfer.”  Sec. 2603(b).  The            
          estate argues that decedent’s GST tax should be allocated to the            
          property that is to pass in trust for the benefit of decedent’s             
          grandchildren because decedent did not direct otherwise in her              
          will.  Respondent argues that all GST tax imposed on the transfer           
          in trust for the benefit of decedent’s grandchildren is to be               
          allocated against the charitable bequest to the Lubin-Green                 
          Foundation.                                                                 
               Decedent specifically provided for the payment of GST tax on           
          property transferred in a “direct skip”.  Decedent’s will directs           
          that those taxes “shall not be deducted from or reduce the gift,            
          bequest or devise which constitutes a ‘direct skip.’”  The                  
          parties agree that the transfer in trust for decedent’s                     
          grandchildren constitutes a “direct skip” as defined in section             
          2612(c).  It follows from the express language in decedent’s will           
          that the GST tax is not to be deducted from or reduce the                   






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