Binney v. Department of Revenue

Plaintiff appeals from a decree of the Tax Court which disallowed a tax credit under ORS 118.020 against inheritance taxes imposed by the Department of Revenue. The facts have been stipulated.

The decedent, Elizabeth Peters Binney, died testate in Massachusetts in July, 1973. At the time of her death, she owned property in this state. Her son, Edwin Binney III, the plaintiff herein, is the personal representative in Oregon for the estate of the decedent.

Elizabeth Binney executed a will creating a charitable remainder trust.1 The trust provided that 5 percent of the net fair market value of the…