- 13 - transfer in trust for the grandchildren. The estate argues that decedent’s will fails to instruct the executor not to “charge” the GST tax to the trusts for the grandchildren, as the estate contends the language of section 2603(b) contemplates it must. Contrary to the estate’s argument, section 2603(b) does not require any specific language to elect out of the general apportionment scheme of that section, except for a specific reference to the GST tax. It is sufficient that decedent’s will made manifest her intent to elect out of the general, statutory apportionment scheme and made a specific reference to the GST tax. Cf. Estate of Monroe v. Commissioner, 104 T.C. 352, 363-365 (1995), revd. and remanded on another ground 124 F.3d 699 (5th Cir. 1997). The estate contends that the will provision relating to GST tax is “unclear and contradictory”. The estate claims that if the GST tax is paid out of the estate and charged to the charitable bequest, “the charitable deduction would go down, the estate taxes would consequently go up and the bequest to the grandchildren would go down by their share of the additional estate tax, which would ‘reduce’ the bequest to the grandchildren in contravention of the express language of the GST Tax Provision.” We are unpersuaded by the estate’s argument, which seems to us more “unclear and contradictory” than the will provisions in question. The estate’s argument, focusing on thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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