HomeMy WebLinkAbout03-23-10 1505607121
REV-1500 Ex
06
05
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PA DepaMlent of Revenue OFFICU-L USE ONLY
Bureau of Individual Taxes County Code Year File Number
PO BOX 280601 INHERITANCE TAX RETURN
Harrisburg, PA 17128-0601
RESIDENT DECEDENT 2 1 0 9 0 8 0 5
ENTER DECEDENT INFORMATION BELOW -
Social Security Number Date of Death Date of Birth
1 7 8 7 2 8 4 6 7 0 8 0 2 2 0 0 9 0 3 2 7 1 9 8 7
Decedent's Last Name Suffix Decedent's First Name MI
G I N G H A M J R S T U A R T A
(If Applicable) Enter Surviving Spouse's Information Below
Spouse's Last Name Suffix Spouse's First Name MI
Spouse's Social Security Number
FILL IN APPROPRIATE OVALS BELOW
THIS RETURN MUST BE FILED IN DUPLICATE WITH THE
REGISTER OF WILLS
0 1. Original Retum ~ 2. Supplemental Return ~ 3. Remainder Retum (date of death
pnorto 12-13-82)
4. Limited Estate ~ 4a. Future Interest Compromise (date of ~ 5. Federal Estate Tax Retum Required
death after 12-12-82)
6. Decedent Died Testate ~ 7. Decedent Maintained a Living Trust 8. Total Number of Safe Deposit Boxes
(Attach Copy of Will) (Attach Copy of Trust)
^X 9. Litigation Proceeds Received ~ 10. Spousal Poverty Credit (date of death ~ 11. Election to tax under Sec. 9113(A)
between 12-31-91 and 1-1-95) (Attach Sch. O)
CORRESPONDENT -THIS SECTION MUST BE COMPLETED. ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0:
Name Daytime Telephone Number
D A V I D W R E A L E R 7 1 7 7 6 3 1 3 8 3
Firm Name (If Applicable)
R E A L E R & A D L E R P C
First line of address
2 3 3 1 M A R K E T
Second line of address
S T R E E T
City or Post Office
State ZIP Code
REGISTER OF WILLS USE ON~f
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Correspondent's a-mail address:
Under penalties of that I examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief,
it is true, nd ixxr of representafrve is based on all information of which preparer has any knowledge.
SIG P LE F G RETURN D E
I
ADD
417 DELANCEY COURT MECHANICSBURG PA 17055
SIGNATURE OF PREPARER OTHER PRESENT E Herr
2331 MARKET STREET
1505607121
CAMP HILL
USE ORIGINAL FORM ONLY
Side 1
7011
1505607121 J
1505607221
REV-1500 EX
Decedent's Social Security Number
Deoedent'sName: STUART A• GINGHAM ~ JR • 1 7 8 7 2 8 4 6 7
RECAPITULATION
1. Real estate (Schedule A) ........................................ 1
2. Stocks and Bonds (Schedule B) .................................. 2. •
3. Closely Held Corporation, Partnership or Sole-Proprietorship (Schedule C) ..... 3.
4. Mortgages & Notes Receivable (Schedule D) ........................ 4.
4 0 2 2 4 . 2 6
5. Cash, Bank Deposits 8 Miscellaneous Personal Property (Schedule E) ....... 5.
6. Jointly Owned Property (Schedule F) ^ Separate Billing Requested ....... 6. 3 3 8 4 . 8 1
7. Inter-Vivos Transfers & Miscellaneous N~-Probate Property
r
te Billin
Re
uested
l
S
S
h
d
G
7
.......
g
epa
a
q
(
c
e
u
e
) .
8. Total Gross Assets (total Lines 1-7) ........................... 8. 4 3 6 0 9. 0 7
9. Funeral nses & Administrative Costs Schedule H 9. 1 7 7 1 2. 4 D
Expe ( ) ................
10. Debts of Decedent, Mortgage Liabilities, S Liens (Schedule I> ............ 10. 1 4 9 0. 3 9
1 9 2 0 2 7 9
11. Total Deductions (total Lines 9 & 10) ....... ............. ....... 11.
12. Net Value of Estate (Line 8 minus Line 11) ..... ............. ... .... 12. 2 4 4 0 6. 2 8
13. Charitable and Governmental Bequests/Sec 9113 Trusts for which
an election to tax has not been made (Schedule J) ........... ... .... 13•
14. Net Value Subject to Tax (Line 12 minus Line 13) ........... ... .... 14. 2 4 4 0 6. 2 8
TAX COMPUTATION -SEE INSTRUCTIONS FOR APPUGABLE RATES
15. Amount of Line 14 taxable
at the spousal tax rate, or
transfers under Sec. 9118
(a)(1.2) x .o ~ 0. 0 D 15. 0. 0 0
16. Amount of Line 14 taxable
2 4
4 0 6
2
8
1
0
9
8
2
8
at lineal rate X •045 . 1 s. .
17. Amount of Line 14 taxable
0. 0
0
17
D.
0
0
at sibling rate X .12 .
18. Amount of Line 14 taxable
0
0
0
0
0
0
at collateral rate X .15 . 18. .
19. Tax Due ................................................ 19.
20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT
1 0 9 8. 2 8
Side 2
15D5607221 1505607221
Rf_V-1500 EX Page 3
Decedent's Complete Address:
File Number
21 09 0805
DECEDENTS NAME
STUART A• GINGHAM, JR•
STREET ADDRESS
3588 GOLF VIEW DRIVE
CiTN
MECHANICSBURG STATE
PA ZIP
17050
Tax Payments and Credits:
~ ~ Tax Due (Page 2 Line 19)
2. CreditslPayments
A S I Po ert Credit
(1) 1,098.28
pousa v y
B. Prior Payments
C. Discount
3. Interest/Penalty if applicable
D. Interest
E. Penalty
Total Credits (A + B + C) (2) 0.00
Total InterestlPenalty (D + E) (3) 0.00
4. If Line 2 is greater than Line 1 + Line 3, enter the difference. This is the OVERPAYMENT.
Fill in oval on Page 2, Line 20 to request a refund. (4) 0.00
5. If Line 1 + Line 3 is greater than Line 2, enter the difference. This is the TAX DUE. (5) 1, 0 98.2 8
A. Enter the interest on the tax due.
(~)
B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) 1, 0 9 8.2 8
Make Check Payable to: REGISTER OF WILLS, AGENT
PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN "X" IN THE APPROPRIATE BLOCKS
1. Did decedent make a transfer and: Yes No
a. retain the use or income of the property transferred; ............................................................... ....... ^
b. retain the right to designate who shall use the property transferred or its income; ........................ ....... ^
c. retain a reversionary interest; or ......................................................................................... ....... ^
^
d. receive the promise for life of either payments, benefits or care? ................................................ .......
2. If death oa:urred after December 12,1962, did decedent transfer property within one year of death
without receiving adequate consideration? ................................................................................
"
" ....... ^
^
0
or payable upon death bank account or security at his or her death? ..
in trust for
3. Did decedent own an .......
4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which
contains a benefdary designation? ........................................................................................... ....... ^
IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE R AS PART OF THE RETURN.
For dates of death on or after July 1,1994 and before January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse
is three (3) percent p2 P.S. §9116 (a) (1.1) (i)].
For dates of death on or after January 1,1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is zero (0) percent
[72 P.S. §9116 (a) (1.1) (ii)]. The statute does not exempt a transfer to a surviving spouse from tax, and the statutory requirements for disdosure of assets and
filing a tax return are still applicable even if the surviving spouse is the only beneficiary.
For dates of death on or after July 1,2000:
The tax rate imposed on the net value of transfers from a deceased child twenty-0ne years of age or younger at death to or for the use of a natural parent, an
adoptive parent, or a stepparent of the child is zero (0) percent (72 P.S. §9116(a)(1.2)].
The tax rate imposed on the net value of transfers to or for the use of the decedent's lineal beneficiaries is four and one-half (4.5) percent, except as noted in
72 P.S. §9116(1.2) (72 P.S. §9116(a)(1)J.
The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is twelve (12) percent p2 P.S. §9116(a)(1.3)J. Asibling is defined, under
Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption.
REV-1508 EX + (&98)
COMMONWEALTH OF PENNSYLVANIA
INHERRANCE TAX RETURN
SCHEDULE E
CASH, BANK DEPOSITS, & M1SC.
PERSONAL PROPERTY
STUART A• GINGHAM, JR• 21 09 0805
Indude the pnx~eds of litigation and the date the proceeds were received by the estate.
AU propectt ioiMhhovmed with right of survivorship must be disdosed on Schedule F.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. MEMBERS 1ST FEDERAL CREDIT UNION - CHECKING ACCOUNT 0.17
SD00 LOUISE DRIVE
MECHANICSBURG, PA 17055
2• WRONGFUL DEATH/SURVIVAL ACTION, ORDER ATTACHED 39,920.02
WRONGFUL DEATH - ~28,40D•OD / SURVIVAL ACT
3• ~PHEAA FINAL PAY CHECK
TOTAL (Also enter on line 5, Recapitulation) ~ ~
(If more space is needed, insert additional sheets of the same size)
304.07
40,224
REV-1509 EX + (6-98)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE F
JOINTLY-OWNED PROPERTY
STUART A• BINGHAM, JR• 21 09 0805
ff an asset was made joint within one year of the decedents date of death, it must be reported on Schedule G.
SURVMNG JOINT TENANT(S) NAME
ADDRESS
4156 KITTATINNY DRIVE
MECHANICSBURG, PA 17050
TIONSHIP TO DECEDENT
A. RENEE BINGHAM
C
JOINTLY-OWNED PROPERTY:
MOTHER
17EM
NUMBER LETTER
FOR JOINT
TENANT DATE
MADE
JOINT DESCRIPTION OF PROPERTY
INCLUDE NAME OF FINANCIAL INSTITUTION AND BANK ACCOUNT NUMBER OR SIMILAR
IDENTIFYING NUMBER. ATTACH DEED FOR JOINTLY-HELD REAL ESTATE.
DATE OF DEATH
VALUE OF ASSET 96 OF
DECD'S
INTEREST DATE OF DEATH
VALUE OF
DECEDENTS INTEREST
1. A. 4!2003 MEMBERS 1ST FEDERAL CREDIT UNION-SAVINGS 5.43 50• 2.72
5000 LOUISE DRIVE
MECHANICSBURG, PA 17055
A• 7/2005 PSECU - SAVINGS 6,709.18 50• 3,354.59
1 CREDIT UNION PLACE
HARRISBURG, PA 17110
A• 7/2005 PSECU - CHECKING 55.00 50• 27.50
1 CREDIT UNION PLACE
HARRISBURG, PA 17110
TOTAL (Also enter on line 6, Recapitulation) I S 3 , 3 8 4.81
(If more space is needed, insert additional sheets of the same size)
REV-1511 EX + (10-06)
SCHEDULE H
COMMONWEALTH OF PENNSYLVANIA FUNERAL EXPENSES 8a
INHERRANCETAxRETURN ADMINISTRATIVE COSTS
RESIDENT DECEDENT
ESTATE OF FILE NUMBER
STUART A• BINGHAM, JR• 21 09 D805
Debts of decedent must be reported on Schedule I.
ITEM
NUMBER DESCRIPTION AMOUNT
A. FUNERAL EXPENSES:
1. MALPEZZI FUNERAL HOME 6,727.22
2• PASTOR 2D0•DO
3• FUNERAL FLOWERS 265.00
4• CHESTNUT HILL CEMETERY - CRYPT 2,050.00
5• GINGRICH MEMORIALS -MAUSOLEUM 495.00
B. ADMINISTRATIVE COSTS:
1. Personal Representative's Commissions
Name of Personal Representative (s)
Street Address
Ci(lr Sffiffi Zip
Year(s) Commission Paid:
2. Attorney Fees REALER & ADLER, PC 4,000.00
3, Famiy Exemption: (if decedents address is not the same as claimants, attach explanatbn) 3 , 5 0 0.0 0
Claimant STUART A • BINGHAM, SR
Street Address 417 DELANCEY COURT
City MECHANICSBURG State PA Zip 17055
Relatanship of Claimant to Decedent F A T H E R
4. Probate Fees CUMBERLAND COUNTY REGISTER OF WILLS 81 • DO
5 Accountants Fees
6. Tax Retum Preparers Fees
7. LEGAL ADVERTISEMENT - CUMBERLAND LAW JOURNAL 75•DD
8• LEGAL ADVERTISEMENT - CENTRAL PENN BUSINESS JOURNAL 79.00
9• STUART A. BINGHAM, SR• - COST OF ADMINISTRATION 240.18
TOTAL (A1so enter on line 9, Recapitulation) I S 17 , 712
(If more space is needed, insert add'd'anal sheets of the same size)
REV-1512 EX + (12-03)
COMMONWEALTH OF PENNSYLVANIA
INHERITANCE TAX RETURN
SCHEDULE 1
DEBTS OF DECEDENT,
MORTGAGE LIABILITIES, & LIENS
ESTATE OF FILE NUMBER
STUART A• GINGHAM, JR• 21 09 0805
Report debts incurred by the decedent prior to death which remained unpaid as of the date of death, including unreimbun>ied medical expenses.
ITEM VALUE AT DATE
NUMBER DESCRIPTION OF DEATH
1. PSECU - VISA CARD 22.66
1 CREDIT UNION PLACE
HARRISBURG, PA 17110
2• CHASE CREDIT CARD 1,467.73
PO BOX 15153
WILMINGTON, DE 19886-5153
TOTAL (Also enter on line 10, Recapitulation) , i 1, 4 90 •
(If more space is needed, insert additanal sheets of the same size)
REV-1513 EX + (9-00)
SCHEDULE J
COIYg1AONWEALTH OF PENNSYLVANW BENEFICIARIES
INHERITANCE TAX RETURN
RESIDENT DECEDENT
ESTATE OF
FILE
STUART A• BINGHAM, JR• 21 09 08 05
RELATIONSHIP TO DECEDENT AMOUNT OR SHARE
NUMBER NAME AND ADDRESS OF PERSON(S) RECEIVING PROPERTY Do Not List Trustee(s) OF ESTATE
I TAXABLE DISTRIBUTIONS ['include outright spousal disbibutior-s, and transfers under
1
6
. J
Sec. 911
(a) (
1. STUART A• BINGHAM, SR• Lineal 12,203.14
417 DELANCEY COURT
MECHANICSBURG, PA 17055
2• RENEE BINGHAM Lineal 12,203.14
4156 KITTATINNY DRIVE
MECHANICSBURG, PA 17050
ENTER DOLLAR AMOUNTS FOR DISTRIBUTIONS SHOWN ABOVE ON LINES 15 THROUGH 18, AS APPROPRIATE, ON REV-1500 COVER SHEET
II, NON-TAXABLE DISTRIBUTIONS:
A. SPOUSAL DISTRIBUTIONS UNDER SECTION 9113 FOR WHICH AN ELECTION TO TAX IS NOT BEING MADE
1.
B. CHARITABLE AND GOVERNMENTAL DISTRIBUTIONS
1.
TOTAL OF PART II -ENTER TOTAL NON-TAXABLE DISTRIBUTIONS ON LINE 13 OF REV-1500 COVER SHEET S
(If more space is needed, insert additional sheets of the same size}
EXPLANATION FOR SCHEDULE H, NUMBER 3, DIFFERENT ADDRESS.
STUART A. BINGHAM, SR. SOLD THE PROPERTY THAT THE DECEDENT
RESIDED IN WITH HIM ON SEPTEMBER 28, 2009.
.1.4N ~ ,~ %Oii)
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
In re:
Estate of Stuart A. Bingham, Jr. CIVIL ACTION -LAW
NO. lp ~ 439 ~iv -l 1~'-
ORDER
AND NOW this~day of ~,~,,,~~! 20 t~_, having reviewed the
enclosed Petition for Approval and Settlement of Wrongful Death and Survival Actions with
concurrences from all parties involved, it is hereby Ordered and decreed that:
1. Petitioner, Stuart A. Bingham, Sr., as Administrator of the Estate, is
authorized and empowered to settle the above-captioned matter on behalf of the Estate
of Stuart A. Bingham, Jr., by accepting the sum of one hundred thousand dollars
($100,000.00) for the claims referenced within said Petition.
2. The amount of one hundred thousand dollars ($100,000.40) is hereby
approved and may be accepted by the representative of the Estate and distributed
pursuant to the laws of this Commonwealth as follows:
(a) Pennsylvania Wrongful Death Statute, 42 Pa. C.S.A. Section 8301: $ 28,400.00
(b) Pennsylvania Survival Act; 42 Pa. C.S.A. Section 8302: $39,920.02
{c) Colgan Marzzacco Counsel Fees $30,000.00
(d) Colgan Marzzacco (Costs) 1 67'9.98
$100,000.00
BY THE COURT:
, ~.
.,,.
DISTRIBUTION: ~~~
Christopher J. Marzzacco, Esquire, 130 W. Church Street, Suite 100, DiUsburg, PA 17019
Shannon E. Baker: Business and Trust Valuation Manager, Inheritance Tax Division, PA Dept.
of Revenue Bureau of Individual Taxes, Department 28061, Harrisburg,
Pennsylvania 17128-0601
Tyler Hauck: Nationwide Insurance Company, P.O. Box 10405, NESRO Class Claims,
Des Moines, IA 50306-9475
t`~. ~ ~s-~ pennsylvan~a
~~
DEPARTMENT OF REVENUE
December 31, 2009
Christopher J. Marzzacco
Law office of Colgan Marzzacco
130 W. Church Street, Suite 100
Dillsburg, PA 17019
Re: Estate of Stuart Bingham, Jr.
File Number 2109-0805
Court of Common Pleas Cumberland County
Dear Mr. Marzzaeeo:
The Department of Revenue has received the Petition for Approval of Settlement Claim to be
filed on behalf of the above-referenced Estate in regard to a wrongful death and survival action. It has
been forwarded to this Bureau for the Commonwealth's approval of the allocation of the proceeds paid to
settle the actions.
Pursuant to the Petition, the 22 year old decedent died as a result of a motor vehicle accident.
Decedent is survived by his parents.
Please be advised that, based upon these facts and for inheritance tax purposes only, this
Department has no objection to the proposed allocation of the net proceeds of this action, $28,400.00 to
the wrongful death claim and $ 39,3933.52 to the survival claim. Proceeds of a survival action are an
asset included in the decedent's estate and are subject to the imposition of Pennsylvania inheritance tax.
42 Pa.C.S.A. §8302; 72 P.S. §9106, 9107. Costs and fees must be deducted in the same percentages as
the proceeds are allocated. In re Estate of Merryman, 669 A.2d 1059 (Pa. Cmwlth. 1995).
I trust that this letter is a sufficient representation of the Department's position on this matter. As
the Department has no objections to the Petition, an attorney from the Department of Revenue will not be
attending any hearing regarding it. Please contact me if you or the Court has any questions or requires
anything additional from this Bureau.
Sint;erely, ,
Shannon E. Baker
Trust Valuation Specialist
Inheritance Tax Division
Bureau of Individual Taxes
Bureau of Individual Taxes 1 PO Box 280601 ~ Harrisburg, PA 17128 ~ 717.783.5824 ~ shabaker~state.pa.us