- 12 - 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 thePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011