State, Indiana Department of State Revenue Inheritance Tax Division v. Daley

MILLER, Presiding Judge.

Appellant Indiana Department of State Revenue, Inheritance Tax Division (Department) is appealing a judgment of the Carroll Circuit Court, Probate Docket, which held that an inter vivos trust of over $15,-000 established by John Scott, deceased, did not create a transfer subject to inheritance tax under IC 1971, 6-4-1-1 (since repealed and recodified)1 except to the extent of Scott’s possibility of reverter, valued at about $240. The Department contends the entire trust is subject to taxation under either of two statutory provisions: 1) because the trust was a property…