HomeMy WebLinkAbout02-18-11BOARD OF APPEALS
P O Box 281021
HARRISBURG, PA 17128-1021 ~`~~~ r,;-~' '~ ~~~ ~~ ~~
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NATHAN C WOLF ESQ~rI~,-~^ ~'~~~ ~+~ r~~~ + :<~-
10 WEST HIGH ST C~.,~~.i~ ,, :~P C;~ ;~"~., F;~..
CARLISLE, PA 17013
Pennsylvania ~
DEPARTMENT OF REVENUE
IN RE ESTATE OF:
BOARD OF APPEAL.>
MCKEE JR HAROLD
DOCKET NO.
TAX TYPE
APPEAL TYPE
FILE NUMBER:
ACN:
APPRAISEMENT:
PETITION FILED
EXAMINER:
MAILING DATE:
DECISION AND ORDER
1010886
Inheritance
Protest
2109-0516
10004320
4/26/2010
6/24/2010
JEFFREY HOLLENBUSH
Direct Dial: (717) 783.7891
Fax: (717) 787-7270
Email:jhollenbus@stat~e.pa.us
February 7, 2011
On April 26, 2010, the Department issued an appraisement and
assessment ACN 10004320 which imposed tax on twenty five percent
($33,750) of the date of death value of the real propert situat
Y eat 252
Newberg Road, Newburg Pennsylvania. The Petitioner has ob'ec
~ ted to that
assessment of tax and argues that the decedent and his wife, who died
March
2009, had transferred the real property in April 2006 to four ' i
~o nt owners, and
only enjoyed a life estate in the property. At most, Petitioner ar
gues that
decedent's interest in the real estate should be valued in acc
ordance with a life
estate calculation and not on the full value of the propert .
Y
Section 2107(c)(5) of the Inheritance and Estate Tax Act of 19
91, 72 P.S.
§ 9107(c)(5), states that a transfer made without valuable an
d adequate
consideration is subject to tax if the transferor expressly or im lie
p dly reserves
for his life or any period which does not in fact end before his
death, the
s~A
MCKEE JR HAROLD
BOARD DOCKET N0. 1010886
Page2of2
possession or enjoyment of, or the right to the income from, the ro er
p P tY
transferred.
Although Departmental records reflect that the decedent and hi
s wife
transferred the real property in question by a deed dated A ril
p 26, 2006 to four
joint owners, the inheritance tax return reports that decedent c
ontinued to
reside in the property. That action implies the reservation of a lif '
e interest. As
Schedule K is only applicable if the decedent, by testamentar
y disposition or
inter vivos transfer, co_ nveyed an interest for life or over a s e ' '
p cific term of years
to a beneficiary, the real estate is properly subject to one hun
dred percent tax
on its date of death value.
Accordingly, it is hereby Ordered that the protest is denied. T
he
appraisement and assessment shall stand as filed.
FOR THE BOARD OF APPEALS
LAUREN ZACCARELLI, CHAIR
ANY APPEAL FROM THIS DECISION MUST BE FILED WITH T
COURT WITHIN SIXTY (60) DAYS OF RECEIPT OF THIS D HE ORPHANS'
THE APPEAL SHOULD BE SERVED ON THE DEPARTMENT ELISION. A COPY tJF
OF CHIEF COUNSEL, P.O. BOX 281061, HARRISBURG OF REVENUE, OFFICE
PA 17128-1061.
ANY APPLICABLE NOTICE REFLECTING ANY CHANGES TO T
PURSUANT TO THE BOARD'S DECISION AND ORDER MAY HE ACCOUNT
BY THE APPROPRIATE BUREAU. BE MAILED TO YOU
IF YOU REQUIRE THIS INFORMATION IN AN ALTERNATE F -
PROVISIONS OF AMERICANS WITH DISABILITIES ACT OF ORMAT UNDER THI:
(717) 783 3664, OR FOR SERVICES FOR TAXPAYERS WIT 1990, PLEASE CALL
AND SPEAKING NEEDS: 1-800-447-3020 (TT ONLY H SPECIAL HEARING
Board of Appeals ~ PO Box 281021 ~ Harrisburg, PA 17128 ~ 717.783.3664 ~ www.revenue.state. a.
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