Day v. Powers

COZORT, Judge.

This appeal involves a civil action pursuant to N.C.G.S. § 105-267 for the refund of gift taxes brought by the plaintiff Nathaniel Sylvester Day against the Secretary of Revenue of the State of North Carolina. The plaintiff contended in his complaint that the deed in question constituted a trust arrangement and that the assessment of gift taxes was therefore improper. The trial court granted summary judgment for plaintiff. We reverse.

The forecast of evidence shows plaintiff Nathaniel Sylvester Day was a tenant in common with his brother Nere E. Day, Jr., in some Onslow County…