State ex rel. McNiven v. State Board of Equalization

THE HONORABLE E. E. FENTON, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY:

The State Board of Equalization has appealed herein from a judgment annulling its assessment of income tax upon income of Roy N. Armstrong, deceased, for the period from January 3, 1951, to the date of his death, July 7, 1951. The assessment by the Board was computed pursuant to R. C. M. 1947, sec. 84-4905 (subsequently repealed), requiring that the final closing return of a decedent be made on an inventory basis and providing that the value of the closing inventory shall be the same as the value-fixed for…