Legal Opinion · Dissent

In Re Estate of Barker

Illinois Supreme Court

Decided March 29, 1976No. 47364Published

1DissentJustice Underwood

I agree that there is no constitutional prohibition against courts determining the inheritance tax due the State of Illinois. That determination is made after notice to all interested parties as provided by section 11 of the inheritance tax act (Ill. Rev. Stat. 1973, ch. 120, par. 385) and an opportunity to present evidence as to the facts and argument as to the law. The order which the circuit judge then enters fixing the amount of the tax is, however, in my judgment a final, appealable order, and the appellate court was correct in so holding. It was also correct, in my judgment, in holding…

2Cases cited4 opinions

  1. Illinois Bell Telephone Co. v. AllphinIllinois Supreme Court · 1975
  2. People Ex Rel. Schwartz v. FagerholmIllinois Supreme Court · 1959
  3. People Ex Rel. Kelly, Ketting, Furth, Inc. v. EpsteinIllinois Supreme Court · 1974
  4. The People v. JenningsIllinois Supreme Court · 1933

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