- 18 - otherwise pass to decedent’s surviving spouse. Under Illinois law, equitable apportionment does not apply where the decedent expressed a clear intention to the contrary. Equitable apportionment of Federal estate tax is not recognized under Illinois law when, as in the instant case, a decedent’s trust instrument directs that the trust will be responsible for payment of “all income, estate, inheritance, transfer and succession taxes,” and that his trustee shall not be entitled to reimbursement from the decedent’s executor or administrator, from any beneficiary of insurance upon decedent’s life, or from any other person. See Landmark Trust Co. v. Aitken, 587 N.E.2d at 1083, and In re Estate of Fry, 544 N.E.2d at 110-111, in which Illinois courts construed language similar to the language in Article 4.1 of decedent’s trust instrument as evidencing the testators’ clear intentions that equitable apportionment not apply. c. Whether Equitable Apportionment Applies Here on the Basis of Technical Advice Memorandum 8240014 In Technical Advice Memorandum 8240014 (June 29, 1982) (TAM 8240014), the Commissioner considered application of equitable apportionment to property passing to the spouse (and eligible for the Federal estate tax marital deduction) under Illinois law. Petitioner contends that equitable apportionment applies in this case on the basis of TAM 8240014. We disagree.Page: 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