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Does an entity which is more than 5% owned by a trust satisfy the family-owned test?

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Does an entity which is more than 5% owned by a trust satisfy the family-owned test?

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The only trust that is within the “family-owned” definition is a “trust of a deceased individual … ” The department construes this to refer to a testamentary trust, the beneficiary of which must be a person who would fall within one of the categories listed in Tenn. Code Ann. Section 6704-2008(a)(11)(B)(i), that is, an ancestor, spouse, etc.

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