Estate of Robert H. Lurie, Deceased, Ann Lurie, Executor - Page 18

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          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.             







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