HomeMy WebLinkAbout11-21-08COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX
INHERITANCE TAX DIVISION
PD eox 2aD6D1 RECORD ADJUSTMENT
HARRISBURG PA 17128-06D1 _ REV-1593 EX AFP (03-05)
~~ ,~}+ rf~,k, ~, ~ „ DATE 11-14-2008
`°' ~ r3"t ~~' ~ 1 ESTATE OF WADDINGTON HAROLD T
DATE OF DEATH 06-13-2007
J ~__r`.'ti';,' FILE NUMBER 21 07-0843
~~~~-j, ~ `+ I~T COUNTY CUMBERLAND
GARY L JAMES ESQ CU~a ~ `^ _ ~; ~', ACN 101
,, ,. _ .. ;
.JAMES ETAL
Amount Remitted
:L34 SIPE AVE
I~UMMELSTOWN PA 17036
MAKE CHECK PAYABLE AND REMIT PAYMENT T0:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
NOTE: To insure proper credit to your account, submit the upper portion of this form with your tax payment.
CUT ALONG THIS LINE --~ RETAIN LOWER PORTION FOR YOUR RECORDS ~---~
REV-1593 EX AFP (03-05~ ** INHERITANCE TAX RECORD ADJUSTMENT **
ESTATE OF WADDINGTON HAROLD T FILE N0. 21 07-0843 ACN 101 DATE 11-14-2008
ADJUSTMENT BASED DN: PROTEST BOARD DECISION
VALUE OF ESTATE:
1. Real Estate (Schedule A) C1) .00
2. Stocks and Bonds (Schedule B) (2) .00
3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00
4. Mortgages/Notes Receivable (Schedule D) C4) .00
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) C5) 8,2 07.75
6. Jointly Owned Property (Schedule F) C6) .0 0
7. Transfers (Schedule G) C7) 1 , 447, 287.69
8. Total Assets C8) 1 , 455, 495.44
DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Administrative Costs/
Miscellaneous Expenses (Schedule H) (9) 27 , 81 0.95
10., Debts/Mortgage Liabilities/Liens (Schedule I) C10) .0 0
11. Total Deductions C11) 27,810.95
12. Net Value of Tax Return (12) 1,427,684.49
13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (S chedule J) (13) .00
14. Net Value of Estate Subject to Tax (14) 1,427,684.49
TAX:
15. Amount of Line 14 at Spousal rate (15) 680,699.47X 00 = ,00
16. Amount of Line 14 taxable at Lineal/Class A rate C16) 746,985.02X 045= 33,614.33
17. Amount of Line 14 at Sibling rate C17) . 00 X 12 = . 00
18. Amount of Line 14 taxable at Collateral/Class B rate C18) .00 X 15 = .00
19. Principal Tax Due C19) 33,614.33
reY raFnTrc~
DATE NUMBER INTEREST/PEN PAID C-) AMOUNT PAID
09-14-2007 CD008682 // .00 31,000.00
03-12-2008 CD009403 .00 982.75
INTEREST IS CHARGED THROUGH 11-29-2008
AT THE RATES APPLICABLE AS OUTLINED ON THE
REVERSE SIDE OF THIS FORM
TOTAL TAX CREDIT 31,982.75
BALANCE OF TAX DUE 1,631.58
INTEREST AND PEN. 81.76
TOTAL DUE 1,713.34
~ IF PAID AFTER DATE INDICATED, SEE REVERSE C IF TOTAL DUE IS LESS THAN 81, NO PAYMENT IS REQUIRED.
FOiR CALCULATION DF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE
A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) ^.~(
BOARD OF APPEALS
P O Box 281021
HARRISBURG, PA 17128-1021
Pennsylvania r
DEPARTMENT OF REVENUE
BoAr~o r~F Ar3E>tats
GARY L JAMES ESQ
JAMES SMITH ET AL
1.34 SIPS AVE
HUMMELSTOWN PA 17036
IN RE ESTATE OF:
WADDINGTON HAROLD T
DOCKET NO.
TAX TYPE:
APPEAL TYPE
FILE NUMBER:
ACN
APPRAISEMENT:
PETITION FILED:
EXAMINER:
MAILING DATE:
0810764
Inheritance
Protest
2107-0843
101
6/3/2008
6/6/2008
JEFFREY HOLLENSUSH
Direct Dial: (717) 783-7891
Fax: (717) 787-7270
Email:jhollenbus@state.pa.us
November 5, 2008
DECISION AND DRDER
On June 3, 2008, the Department issued an appraisement and
assessment which did not allow an early payment discount for the estate's
'September 14, 2007 payment.
Section 2142 of the Inheritance and Estate tax Act of 1991, 72 P.S. §
9142, provides for a discount of 5% '~to the extent that the inheritance tax is
paid within three months after the death of the decedent. The date of death
was June 13, 2007 and payment received by the Delaware County Register of
Wills was postmarked September 14, 2007, one day after the discount period.
In Alden Estate, 8 Fiduc. Rep. 162 (O.C. Erie 1958), the Erie County
Orphans' Court addressed the issue of the discount, stating:
It seems clear that a taxpayer to be entitled to the statutory
discount must affirmatively bring himself within its provisions by
full compliance with its terms. If the taxpayer, for any reason, fails
W'ADDINGTON HAROLD T Page 2 of 2
BOARD DOCKET NO. 0810764
to meet the requirements he is not entitled to the discount; we are
without authority to relax any requirement or to extend the
discount period...We are not required to nor do we fix
responsibility for the result which none of the parties desired or
intended. (emphasis supplied)
Absent a payment within three months of the death of the decedent, this
E~oard has no authority upon which to allow a discount.
Accordingly, it is hereby, Ordered that the protest is denied.
FOR THE BOARD OF APPEALS
JOSEPH R. SLEEK, MEMBER
ANY APPEAL FROM THIS DECISION MUST BE FILED WITH THE ORPHANS'
COURT WITHIN SIXTY (60) DAYS OF RECEIPT OF THIS DECISION.
~4NY APPLICABLE NOTICE REFLECTING ANY CHANGES TO THE ACCOUNT
PURSUANT TO THE BOARD'S DECISION AND ORDER MAY BE MAILED TO YOU
IBY THE APPROPRIATE BUREAU.
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).
Board of Appeals (PO Box 281021 (Harrisburg, PA 17128 (717.783.3664 (www.revenue.state.pa.us