Flournoy v. Schmalenbach

Opinion

WRIGHT, C. J.

The State Controller appeals from an order fixing the inheritance tax in the estate of Edward Schmalenbach, deceased. At issue is whether state and federal gift taxes accrued and payable at the time of death and paid after death on transfers subject to California inheritance and federal estate taxes are deductible in determining the clear market value of the estate upon which the state inheritance tax is computed. We conclude, contrary to the conclusion of the trial court, that such gift tax obligations are not deductible and accordingly reverse the order.

Prior to his…