Estate of Mildred Green, Deceased, Thomas R. Green, Executor - Page 14

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          supposed collateral estate-tax effects of allocating the GST tax            
          to the charitable bequest, ignores the more direct and proximate            
          effect that would result from allocating the GST tax against the            
          grandchildren’s bequests.  Even if, as the estate suggests,                 
          allocating the GST tax against the noncharitable bequests would             
          lower the estate’s overall estate-tax burden, we are unpersuaded            
          that such an allocation would not reduce the amounts ultimately             
          received by the grandchildren, since the GST tax would then be              
          borne entirely by their shares, in contravention of the will                
          provision that the GST tax “not * * * reduce the gift, bequest,             
          or devise which constitutes a ‘direct skip’”.                               
               We hold that the GST tax is not chargeable to the transfer             
          in trust for decedent’s grandchildren but rather is to be charged           
          to the charitable bequest to the Lubin-Green Foundation.                    
          C.   Valuation of Decedent’s 3,276 Shares of RBI Stock                      
               Generally, the value of a decedent’s gross estate is                   
          determined by including the value of all property, real or                  
          personal, tangible or intangible, wherever situated.  Sec.                  
          2031(a).  The value of every item of property includable in a               
          decedent’s gross estate is its fair market value at the time of             
          the decedent’s death (or the alternate valuation date).  Sec.               
          20.2031-1(b), Estate Tax Regs.  The fair market value of property           
          is the price at which the property would change hands between a             
          willing buyer and a willing seller, neither being under a                   






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