State v. Merrill

The state contends that the inheritance taxes must be determined and imposed according to the statutes providing therefor, and that there is no authority in the statutes for postponing their determination and imposition.

The statutes of 1929 in force at the time of the testator’s death declare as follows: “A tax shall be and is hereby imposed upon any (every) transfer of property ... or income therefrom in trust or otherwise.” . . . Sec. 72.01. “Such tax shall be imposed when any . . . (legatee) becomes beneficially entitled, in possession or expectancy, to any property or the income thereof.”…