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HomeMy WebLinkAbout12-04-06 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ; (' 'C ('\\: ......,r""~..',\ .', -'..f BUREAU OF INDIVUWAI;l~~'sJ,",~J- INHERITANCE TAX Dlj(l$Iil/f"'v' ,." PO BOX 280601 . <>, .: " HARRISBURG PA 17128-1Ili~i.)\'; I,HHERITANCE TAX RECORD ADJUSTMENT ?~ 3~ -z.O 1~~~ ~t.C-~ (\\- CLt.?~ 'r:(-'i\j?~ , f"'\ 'f:,\-.\~? <:)';'.,;",,\ ?~\ P RICHARD ~'~ERESQ" ' MANCKE E1\Q~" 2233 N FRONT ST HBG PA 17110 DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 11-17-2006 SIODLOWSKI 06-18-2005 21 05-0698 CUMBERLAND 101 * REV-1593 EX AFP (03-05) AARON J Allount Rellitted --+ RETAIN LOWER PORTION FOR YOUR RECORDS +-- ESTATE OF SIODLOWSKI AARON .. INHERITANCE TAX RECORD ADJUSTMENT .. J FILE NO. 21 05-0698 ACN 101 U) (2) (3) (4) (S) (6) (7) .00 .00 .00 .00 345,833.34 .00 .00 (8) MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE NOTE: To insure proper credit to your account, subllit the upper portion of this forll with your tax paYllent. --------------------------------------------------------------------------------------------------------------------------------------- REV-1593 EX AFP (03-05) ADJUSTMENT BASED ON: VALUE OF ESTATE: PROTEST BOARD DECISION 1. Real Estate (Schedule A) 2. Stocks and Bonds (Schedule B) 3. Closely Held Stock/Partnership Interest (Schedule C) 4. Mortgages/Notes Receivable (Schedule D) S. Cash/Bank Deposits/Misc. Personal Property (Schedule E) 6. Jointly Owned Property (Schedule F) 7. Transfers (Schedule G) 8. Total Assets DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adllinistrative Costs/ Miscellaneous Expenses (Schedule H) Debts/Mortgage Liabilities/Liens (Schedule I) Total Deductions Net Value of Tax Return Charitable/Governllental Bequests; Non-elected 9113 Trusts Net Value of Estate Subject to Tax 10. 11. 12. 13. 14. TAX: IS. Allount of Line 14 at Spousal rate 16. Allount of Line 14 taxable at Lineal/Class A rate 17. Allount of Line 14 at Sibling rate 18. Allount of Line 14 taxable at Collateral/Class B rate 19. Principal Tax Due TAX CREDITS. (9) UO) 21,992.18 2,062.00 (11) (2) (3) (4) DATE 11-17-2006 (Schedule J) US) (6) (7) (8) .oox 00 = 321.779.06 X 045= .OOX 12 = .00x 15 = (9) 345,833.24 24,054.18 321,779.06 .00 321,779.06 .00 14.480.06 .00 .00 14.480.06 . .. ....... ,......,u. I+J AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 02-23-2006 CD006369 .00 3,000.00 06-22-2006 CD006879 .00 11,480. 06 09-21-2006 CDOO7232 211 .60- 211 .60 TOTAL TAX CREDIT 14,480.06 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE .00 I . IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN $1, NO PAYMENT IS REQUIRED. J~V FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DU 'D A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) I . BOARD OF APPEALS DEPT. 281021 HARRISBURG, PA 17128-1021 COMMONWEALTH OF PENNSYLVANIA DEPARTlAENT,OF REVENUE P RICHARD WAGNER ESO MANCKE WAGNER & SPREHA 2233 N FRONT ST HARRISBURG PA 17110 IN RE ESTATE OF: SIODLOWSKI AARON J DOCKET NO.: TAX TYPE: APPEAL TYPE FILE NUMBER: ACN: APPRAISEMENT: PETITION FILED: EXAMINER: l L . c::> \.0 N M x: 0... MAILING DATE: 0619831 Inheritance Protest 2105-0698 101 9/4/2006 9/20/2006 WILLIAM J ZDRADZINSKI Direct Dial: (717) 787-5761 Fax: (717) 787-7270 Email:wzdradzins@state.pa.us November 15, 2006 LLi (2 . . rr:- c:) O{..".~ LJ..J ....u ~~~ ~-.'~l C) C) u! (,C 2:: \--- 5~,~~'. LLC)' C)C). . ~Cf)"';' .::r cC ~, u.,J "'::;" " ~ d ~\- DECISION AND ORDER !../J 0:: -:', o o~. ~ Septe~er 4, 2006, the Department issued an appraisement and assessment c--J which imposed a $211.60 interest charge. That interest accrued on the unpaid inheritance tax obligation from March 18, 2006 or nine months after decedent's death, until June 22, 2006, the date the tax obligation was paid. Petitioner is protesting the interest charge by arguing that the tax obligation was paid within a short period of time after the estate received the proceeds from the insurance company settlement. Section 2142 of the Inheritance and Estate Tax Act of 1991 states that inheritance tax is due at the date of the decedent's death and shall become delinquent at the expiration of nine months after the decedent's death. Section 2143 of the 1991 Act provides for the assessment of interest after the date of delinquency unless the tax was not paid because of litigation or other unavoidable cause of delay. The term "litigation or other unavoidable cause of delay" is found in existing law and is interpreted to require good faith litigation arising from an honest disagreement. Husband's Est., 316 Pa. 361 (1934). SIODLOWSKI AARON J BOARD DOCKET NO. 0619831 Page 2 of 2 By letter of October 12, 2006, the Board requested that Petitioner supply documentation to establish when the settlement proceeds were actually received by the estate. As Petitioner, to date, has failed to respond to that request, the Board has no basis upon which to grant relief. Accordingly, it is hereby, Ordered that the protest is denied. The Department's appraisement and assessment shall stand as filed. FOR THE BOARD OF APPEALS JOSEPH R. SLEEK, MEMBER A STATEMENT OF ACCOUNT WILL BE MAILED TO YOU BY THE BUREAU OF INDIVIDUAL TAXES. ANY APPEAL FROM THIS DECISION MUST BE FILED WITH THE ORPHANS' COURT WITHIN SIXTY (60) DAYS OF RECEIPT OF THIS DECISION. IF YOU REQUIRE THIS INFORMATION IN AN ALTERNATE FORMAT UNDER THE PROVISIONS OF AMERICANS WITH DISABILITIES ACT OF 1990, PLEASE CALL (717) 783-3664, OR FOR SERVICES FOR TAXPAYERS WITH SPECIAL HEARING AND SPEAKING NEEDS: 1-800-447-3020 (TT ONLY).