In re the Estate of Phillips

This appeal is taken from an order in probate by which it was ruled that, under RCW 83.16.010, the income tax liability of a recipient of an asset which constitutes income in respect of a decedent under section 691 of the Internal Revenue Code is properly deductible from the market value of the asset in determining its value for inheritance tax purposes. We reverse.

In March 1973, Benjamin N. Phillips entered into a contract for the sale of certain stocks, payment for which was to be made in installments. In July of that year he transferred his interest in the agreement to a living trust. He…