- 27 - 2003. Respondent contends that the Farm Credit loan was unnecessary because the estate could have paid the annual installments of estate taxes from the proceeds of the sale of estate assets or from the interest or principal on the $143 million in notes, due on January 31, 2004, without borrowing funds from Farm Credit. We disagree. After the executors elected to pay the estate tax in 10 annual installments, respondent’s examiner told the estate’s counsel that the estate’s transfer of corporate assets to HG and its subsidiaries threatened the estate’s ability to continue to defer payment of estate tax under section 6166, thus making acceleration of estate tax under section 6166(g) likely. Subsequently, on the advice of estate tax counsel, the executors decided to pay the estate tax in full. Thus, we disregard the fact that the estate had elected to pay the estate tax in 10 annual installments in deciding whether the Farm Credit loan was necessary. 7. Whether, Under New York Law, the Executors Were Required To Have the Foundation Return Assets to the Estate To Pay Estate Tax Respondent contends that the loan was unnecessary because the executors were required, under New York law, to demand that the foundation return to the estate the amount of assets needed to pay estate taxes and administration expenses.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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