Ward v. Commissioner of Corporations & Taxation

The Commissioner of Corporations and Taxation (Commissioner) appeals from a judgment granting an abatement of certain inheritance taxes assessed by him. At issue is the question whether the tax credit available under G. L. c. 65A, § 3, for State estate taxes paid with respect to future interests, is itself subject to inheritance taxes imposed by G. L. c. 65, § 1, at the time those future interests vest. We agree with the ruling below that the tax credit was not subject to inheritance tax under G. L. c. 65.

The judge made findings of fact which are not challenged. Caro E. Christy (Caro) died in…