Legal Opinion

Feinstein Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided September 17, 1968No. 1398Published

1Opinion of the Court

Bolger, J.,

The Commonwealth’s exceptions challenge the correctness of the ruling of the hearing judge that decedent’s interest in a wholly employer-funded profit-sharing plan was exempt from Pennsylvania inheritance tax. Section 316 of the Inheritance and Estate Tax Act of June 15, 1961, 72 PS §2485-316, provides, in pertinent part:

“Payments under pension, stock-bonus or profit-sharing plans, to distributees designated by decedent or designated in accordance with the terms of the plan, other than the estate of the decedent, are exempt from inheritance tax to the extent that decedent before…

2Cases cited4 opinions

  1. Commissioner v. Estate of HolmesSupreme Court of the United States · 1946
  2. Estate of Daniel McNichol Deceased, Ellen McNichol Evangelista and Joseph G. McNichol Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  3. Dorsey EstateSupreme Court of Pennsylvania · 1951
  4. Huston EstateSupreme Court of Pennsylvania · 1967

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