Legal Opinion

In the Matter of Estate of Wisely

Indiana Court of Appeals

Decided March 25, 1980No. 2-1278A430PublishedCited by 17 opinions

1Opinion of the Court

SHIELDS, Judge.

Appellant Indiana Department of State Revenue, Inheritance Tax Division (Department) appeals a judgment dismissing with prejudice its Petition for Rehearing, Reap-praisement and Redetermination of Inheritance and Transfer Tax. The Department urges as error the trial court’s conclusion of law:

Since I.C. 29-l-6-4(c) expressly provides that a renunciation relates back for all purposes to the date of death of the decedent there is, on a matter of law, no transfer to Mrs. Wisely of the interest she renounced and, accordingly, no basis for the assessment of inheritance tax. The…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Albert v. Milk Control Board of IndianaIndiana Supreme Court · 1936
  2. State Ex Rel. Test v. SteinwedelIndiana Supreme Court · 1932
  3. Ule v. StateIndiana Supreme Court · 1935
  4. Marhoefer Packing Co. v. Indiana Department of State RevenueIndiana Court of Appeals · 1973
  5. Board of Commissioners v. ScanlanIndiana Supreme Court · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Indiana State Highway Commission v. Bates & Rogers Construction, Inc.Indiana Court of Appeals · 1983
  2. Frances Slocum Bank & Trust Co. v. Estate of MartinIndiana Court of Appeals · 1996
  3. Jones v. StateIndiana Court of Appeals · 1983
  4. In Re the Visitation of J.O.Indiana Court of Appeals · 1982
  5. Estate of McNicholas v. StateIndiana Court of Appeals · 1991

12 more not listed; retrieve them via the Exa API.

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