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