Dean v. Pinder

The majority holds that, when two individuals purchase property and pay the transfer and recordation taxes,1 and when shortly afterwards they form a corporation and transfer the property to their wholly owned corporation, the second transfer to their corporation is also subject to transfer and recordation taxes. Under the majority’s holding, what is essentially one overall transaction becomes subject to double taxation. Because I believe that the General Assembly did not intend this result, I dissent.

George and Jane Dean bought two parcels of real estate in 1984. The first, known as…