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HomeMy WebLinkAbout04-0743 DAVID A. WlON FRANCIS A. ZULLI JEAN D. SEIBERT LAW OFFICES 109 LOCUST STREET RO. SOX 1121 HARRISBURG, PENNSYLVANIA 17108-1121 (717) 236-9301 (717) 232-1488 FAX (717) 236-6100 Email: wzs@mindspring.com August 10, 2004 VICTOR A. BIHL OFCOUNSEL ~3 EAST MAIN STREET HUMMELSTOWN, PA17036 (717) 568-250~ Ms. Glenda F. Strausbaug Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Dorothy S. Gastrock Pennsylvania Inheritance Tax Remm Dear Ms. Strausbaug: Enclosed please find an original and two (2) copies of the Pennsylvania Inheritance Return which I am filing in the above referred to matter. Please note that no Letters were taken out in this estate since all of the assets were jointly owned between the decedent and her son. I am enclosing the appropriate filing fee and check for the inheritance taxes. Please return a clocked-in copy of the Remm to me in the enclosed, stamped envelope. Thank you for your assistance in this matter. FAZ/ss cc: Terry L. Gastrock COMMOHWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE DEPT, 280601 NO LETTERS Rev-1500 INHERITANCE TAX RETURN RESIDENT DECEDENT OFFICIAl USE ONLY FILE NUMBER County Code Year DECEDENT'S NAME (LAST, FIRST, AND MIDDLE INITIAL) SOCIAL SECURITY NUMBER Z Gastmck, DorothyS. 172-01-9542 ~ DATE OF DEATH (MM-DD-YEAR) DATE OF BIRTH (MM-DD*YEAR) THIS RETURN MUST BE FILED IN DUPLICATE WITH THE ILl O D6/15/2004 94/25/1911 ,,, 0REGISTER OF WILLS ~ F APPLICABLE) SURVIVING SPOUSE'S NAME (LAST, FIRST, AND MIDDLE INITIAL) ~OClAL SECURITY NUMBER Z U9. Litigation Proceeds Received 10. Credit I 111. Election to tax under Sec. 9113(A) Spousal Poverty Z rills SECTION MUST BE COMPLETED, ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO: qAME :rancis A. Zulli, Esquire :IRM NAME (If Applicable) FELEPHONE NUMBER 1717) 232-1488 COMPLETE MAILING ADDRESS 109 Locust Street Harrisburg, PA 17101 1. Real Estate (Schedule A) (1) 2. Stocks and Bonds (Schedule B) (2) 3. Closely Held Corporation, Partnership or Sole-Proprietorship (3} 4. Mortgages & Notes Receivable (Schedule D) (4) 5. Cash, Bank Deposits & Misc. Personal Property (Schedule E) (5) 6. Jointly Owned Property (Schedule F) (6) ~-~ Separate Billing Requested 7. Intar-Vivos Tmnsfem & Misc. Non-Probat~ Property (7) (Schedule G or L) 8. Total Gross Assets (total Lines 1-7) 9. Funeral Expenses & Administrative Costs (Schedule H) (9} 10. Debts of Decedent. Mortgage Liabilities & Liens (Schedule I) (10) 11. Total Deductions (total Lines 9 & 10) 12. Net Value of Estate (Line 8 minus Line 11 ) 13. Charitable and Governmental Bequests/Sec 9113 Trusts for which an election to tax has not been made (Schedule J) 14. Net Value Subject to Tax (Line 12 minus Line 13) SEE INSTRUCTIONS ON REVERSE SIDE FOR APPLICABLE RATES $o,oo i $171,8~.0;28i ~::~DFFIClA~iONLY $0.00j .......................................................... (8) $171,840.28 $10,283.75 $5,327.21 (11) $156,229.32 (12) (13) (14) $156,229.32 15. Amount of line 14 taxable at the spousal tax or transfers under Sec. 9116 (a)(1 rate, 16, Amount of line 14 taxable at lineal rate 17. Amount of line 14 taxable at sibling rats 18. Amount of line 14 taxabta at collateral rate 19. Tax Due $156,229.32 x CHECK HERE IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT (15) .045 (16) .12 (17) .15 (18) (19) $0.00 $7,030.32 $0.00 $0 O0 $7,030,R? > · BE SURE TO ANSWER ALL QUESTIONS ON REVERSE SIDE AND RECHECK MATH < < Decedent's Complete Address: I~REET ADDRESS 100 Mt. Allen Ddve CITYMessiah Village Home Mechanicsbupg STATE PA ZIP 17055 Tax Payments and Credits: 1, Tax Due (Page I Line 19) 2. Credits/Payments A. Spousal Povedy Credit B. Prior Payments C. Discount (1) $7r030.32 Total Cmdita (A + B + C) (2) 3. Interest/Penalty if applicable E. Penalty Total Interset/Penalty (D + E) (3) Check box on Page 1 Line 20 to request a refund (4) 5. If line 1 + line 3 is greater than line 2, enter the difference. This is the TAX DUE. (5) A. Enter the interest on the tax due. (5A) B. Enter the total of Line 5 + 5A. This is the BALANCE DUE. (5B) Make Check Payable to: REGISTER OF WILLS, AGENT $351.52 $0.00 $6,678.80 $6,678.80 PLEASE ANSWER THE FOLLOWING QUESTIONS BY PLACING AN X IN THE APPROPRIATE BLOCKS 1. Did decedent make a transfer and: a. retain the use or income of the property transferred; b. retain the dght to designate who shall use the property transferred or its income; c. retain a revisionary interest; or d. receive the promise for life of either payments, benefits or care? 2. If death occurred after December 12, 1982, did decedent transfer property within on year of death without receiving adequate consideration? 3. Did decedent own an "in trust for" or payable upon death bank account or security at his or her death? 4. Did decedent own an Individual Retirement Account, annuity, or other non-probate property which Yes No contains a beneficiary designation? ~ ~ IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES, YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. ADDRESS~e~y L] Gastro~J~ ~ ~ 636.-14altes~.~Dr.. Punta DATE Gorda. FL 33950 SIGNATURE OF PREPARER OT N REPRESENTAT./~ ~ /~/// DATE.~.. 109 Locust Street, Harrisburg, ,~/101 ~/~ 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 t ' ' spouse is 3% [72 P.S. §9116 (a) (1.1) (i}]. he surv~wng 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 0% [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 disclosure of assets and filing a tax retain 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-one 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 0% [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 4.5%, except as noted in 72 P.S. §9116(1.2) [72 P.S. §9116(a) (1)]. The tax rate imposed on the net value of transfers to or for the use of the decedent's siblings is 12% [72 P.S. §9116(a)(1.3)]. A sibling is defined, under Section 9102, as an individual who has at least one parent in common with the decedent, whether by blood or adoption. COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Dorothy S. Gastrock SCHEDULE F JOINTLY.OWNED PROPERTY FILE NUMBER If an asset was made joint within one year of the decedent's date of death, it must be reported on Schedule G. SURVIVING JOINT TENANT(S) NAME ADDRESS RELATIONSHIP TO DECEDENT A. Terry L. Gastrock Son 636 Maltese Drive Punta Gorda, FL 33950 JOINTLY-OWNED PROPERTY: LETTER DATE DESCRIPTION OF PROPERTY % OF DATE OF DEATH ITEM FOR JOINT MADE include name of financial instltutlml and t~ank account number or cimlta r Identifying number. DATE OF DEATH DECD'S VALUE OF NUMBER TENANT JOINT Attach deed for jointly*held real estate. VALUE OF ASSET INTEREST DECEDENT'S INTERES~ 1. A. 4/79 Wachovia Bank, checking account #1010061668616 $3,015.07 50.0% $1,507.5 2. A. 4/79 Wachovia Bank, savings account #3000049160830 $45.8¢ 50.0% $22.9~ 3. A. 9/26/00 Morgan Stanley Brokerage Account $340,619.62 50.0% $170,309.8, See attached list TOTAL (Also enter on line 6, Recapitulatior $171,840 21 (if more space is needed, insert additional sheets of the same size) MORGAN STANLEY BROKERAGE ACCOUNT OWNED BY DOROTHY S. GASTROCK AND TERRY L. GASTROCK AS JOINT TENANTS WITH THE RIGHT OF SURVIVORSHIP DATE OF DEATH VALUATIONS 6/15/2004 STOCK SHARES VALUE Balanced Growth Fund C Agere Systems Inc. Class B Agere Systems Inc. Class A AT&T Corp. AT&T Wireless Services Inc. Avaya Inc. Bell South Corp. Comcast Corp. Class A Consolidated Edison Co. Dow Chemical Co. Exxon Mobil Corp. General Motors Corp. JP Morgan Chase & Co. Lucent Technologies Marathon Oil Co. NCR Corp. SBC Communications United STS STL CP Verizon Communications Liquid Asset Fund Allstate VA 2 Fund 3407.032 ~ 12.87 per share $43,848.50 120~ 2.14 $ 256.00 4 @ 2.26 $ 9.00 105 ~ 16.18 $ 1,698.00 170 ~ 14.34 $ 2,437.00 38~ 15.65 $ 594.00 916 ~ 25.84 $23,669.00 171 ~ 29.46 $ 5,037.00 10~ 82.90 $ 829.00 48 ~ 39.23 $ 1,883.00 480 ~ 44.08 $21,158.00 20 ~47.64 $ 952.00 296 ~ 37.25 $11,026.00 456 ~ 3.50 $ 1,596.00 15 ~34.86 $ 522.00 22 ~ 48.89 $ 1,075.00 1614 ~ 24.47 $39,494.00 3 ~ 30.34 $ 91.00 448 ~ 35.94 $16,101.00 1.00 $ 6,130.12 $162,214.06 TOTAL $340,619.68 Decedent's share 50% $170,309.84 SCHEDULE H FUNERAL EXPENSES & ADMINISTRATIVE COSTS COMMONWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Dorothy S. Gastrock FILE NUMBER Debts of decedent must be reported on Schedule I. DESCRIPTION AMOUNT NUMBER 1. 2. 3. 5. 6. 7. FUNERAL EXPENSES: Parthernore Funeral Home - funeral services Rolling Green Cemetery - grave opening Karen Rupnik - after funeral reception iADMINISTRATIVE COSTS: Pemonal Representative's Commissions Name of Personal Representative (s) Social Security Number(s) / EIN Number of Personal Representative(s) Street Address City State __ Zip Year(s) Commission Paid: Attorney Fees Francis A. Zulli, Esquire Family Exemption: (If decedent's address is not the same as claimant's, attach explanation) Claimant Street Address City State Zip Relationship of Claimant to Decedent Probate Fees Accountant's Fees Tax Return Preparer's Fees :~egistar of Wi[ls- fi[ing PA Inheritance Tax Return $8,914.46 $870.00 $134.29 $350.00 $15.00 TOTAL (Also enter on line 9, Recapitulation) $10,283.75 (If more space is needed, insert additional sheets of the same size) COMIV~NWEALTH OF PENNSYLVANIA INHERITANCE TAX RETURN RESIDENT DECEDENT ESTATE OF Dorothy S. Gastrock SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABILITIESr & LIENS FILE NUMBER Include unmimbursed medical expenses. ITEM NUMBER DESCRIPTION AMOUNT 2. 3. 4. Messiah Village Home - numing home expenses for May and June 2004 Dr. Paul Dolbey - medical statement Alert Pharmacy - medications Social Security Administration - return of June social security benefits Please note that all debts of decedent set forth on Schedules H & I were paid from decedent's joint assets. Decedent owned no probate assets $4,186.00 $32.00 $125.21 $984.00 TOTAL (Also enter on line 10, Recapitulation) $5,327.21 (If more space is needed, insert additional sheets of the same size) COMMONWEALTH OF PENNSYLVANIA OEPARTMENT OF REVENUE BUREAU OF INDIVIDUAL TAXES DEPT, 280601 HARRISBURG, PA 17128-0601 RECEIVED FROM: PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT REV-1162 EX(11-96) NO. CD 004256 ZULLIFRANCIS A 109 LOCUST ST HARRISBURG, PA 17101 ........ fold ESTATE INFORMATION: SSN: 172-01-9542 FILE NUMBER: 2104- 0743 DECEDENT NAME: GASTROCK DOROTHY S DATE OF PAYMENT: 08/11/2004 POSTMARK DATE: 08/11/2004 COUNTY: CUMBERLAND DATE OF DEATH: 06/15/2004 ACN ASSESSMENT CONTROL NUMBER AMOUNT 101 $6,678.80 TOTAL AMOUNT PAID: $6,678.80 REMARKS: SEAL CHECK# 1630 INITIALS: JA RECEIVED BY: GLENDA FARNER STRASBAUGH REGISTER OF WILLS REGISTER OF WILLS I( )8-1121 Recoroed Oi~ic,~ of '~ ~UG11 F12:58 BUREAU OF INDIVIDUAL TAXES TNHERZTANCE TAX DT¥ZSZON DEPT. 280601 HARRISBURG, PA 17128-0601 CONNONNEALTH OF PENNSYLVANIA DEPARTNENT OF REVENUE NOTICE OF INHERITANCE TAX APPRAZSENENT, ALLOHANCE OR DZSALLOHANCE OF DEDUCTIONS AND ASSESSHENT OF TAX RE¥-1547 EX AFP (01-05) FRANCIS A ZULLI ESQ WION ZULLI & SEIBERT 109 LOCUST ST HB$ '04 E~t' 13 /~8:06 PA DATE 10-11-200~ ESTATE OF GASTROCK DATE OF DEATH 06-15-200fi FILE NUNBER 21 0~-07~$ COUNTY CUHBERLAND ACN 101 I Amoun~ Remi~ed DOROTHY S HAKE CHECK PAYABLE AND REHZT PAYHENT TO: REGTSTER OF WILLS CUHBERLAND CO COURT HOUSE CARLTSLE, PA 17013 CUT ALONG THIS LZNE ~ RETAIN LONER PORTION FOR YOUR RECORDS ~ REV-1547 EX AFP (01-03) NOTICE OF INHERITANCE TAX APPRAZSEHENT, ALLONANCE OR DZSALLONANCE OF DEDUCTIONS AND ASSESSHENT OF TAX ESTATE OF GASTROCK DOROTHY S FILE NO. 21 0~-07~3 ACN 101 DATE 10-11-200~ TAX RETURN HAS: (X) ACCEPTED AS FILED ( ) CHANGED RESERVATION CONCERNZNG FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORI$INAL RETURN 1. Real Es~a~e (Schedule A) (1) 2. S~ocks and Bends (Schedule B) (2) 3. Closely Held S~ock/Par~nership In~eres~ (Schedule C) (3) q. Nor~gages/No~es Receivable (Schedule D) (q) E. Cash/Bank Deposi~s/N/sc. Personal Proper~y (Schedule E) (5) 6. Jointly Owned Proper~y (Schedule F) (6) 7. Transfers (Schedule G) (7) 8. To~al Asse~s APPROVED DEDUCTIONS AND EXENPTZONS: 9. Funeral Expenses/Adm. Costs/N/sc. Expenses (Schedule H) (9) 10. Deb~s/Hor~gage Liabil/~ies/Liens (Schedule Z) (10) 11. To~al Deductions 12. Ne~ Value of Tax Re~urn .00 NOTE: To insure proper .00 cred/~ ~o your account, .00 submi~ ~he upper por~/on .00 of ~h/s form wi~h your .00 ~ax payment. 171~8~0.28 .00 171,8~,0.28 13. 1~. NOTE: (8) 10,283.75 5,327.21 (11) 1; .61§ .9~ (12) 156,229.32 Char/~able/Governm.n~al Bequests; Non-alec~ed 911:3 Trusts (Schedule J) (13) .00 Ne~: Value of Es~:a~:e Subject: ~:o Tax (lf~) 156,229.32 Zf an assessment ~as lssued previously, lines 1~, 15 and/or 16, 17, 18 and 19 ~ill reflect figures that lnclude the total of ALL returns assessed to date. ASSESSNENT OF TAX: 15. Amoun~ of L/ne lq a~ Spousal ra~e 16. Amoun~ of L/ne lq ~axable a~ Lineal/Class A ra~e 17. Amoun~ of L/ne lq a~ S/bling ra~e 18. Amoun* of L/ne 1~ ~axable a~ Collateral/Class B ra*e 19. Princiml Tax Due TAX CREDITS PAYNENT RECEIPT DISCOUNT (+) DATE NUHBER INTEREST/PEN PAID (-) 08-11-200~ CD00~256 351.52 (15) .00 X O0 : .00 (1~,). 156,229.32 X 0~5= 7,030.32 (17). .00 X 1Z = .00 (18), .00 x 15 : .00 (19)= 7,030.32 1F PAID AFTER DATE INDICATED, SEE REVERSE FOR CALCULATION OF ADDITZONAL INTEREST. ANOUNT PAID 6,678.80 TOTAL TAX CREDIT 7,030.32 BALANCE OF TAX DUEI .00 ZNTEREST AND PEN. .00 TOTAL DUE .00 ( ZF TOTAL DUE ZS LESS THAN $1, NO PAYNENT ZS REgUZRED. ZF TOTAL DUE ZS REFLECTED AS A "CREDZT" (CR), YOU NAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORN FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before December 12, 198Z -- if any futura interest in the estate is transferred in possession or enjoyment to Class B (collateral) beneficiaries of the decedent after the expiration of any estate for life ar for years, the Commonwealth hereby expressly reserves the right to appraise and assess transfer Inheritance Taxes at the lawful Class B (collateral) rate on any such futura interest. PURPOSE OF NOTICE: PAYNENT: REFUND (CR): OBJECTIONS: ADNIN- ISTRATIVE CORRECTIONS: DISCOUNT: PENALTY: INTEREST: To fulfill the raquiraaants of Section 21fi0 of tha Inheritance and Estate Tax Act, Act 25 of ZOO0. (72 P.S. Section 91~0). Detach the top portion of this Notice and submit with your payment to the Ragistar of Hills printad on the reverse sida. --Make check or money order payabla to: REGISTER OF NILLSj AGENT A refund of a tax credit, which was not requested on the Tax Return, may be requested by completing an "Application for Refund of Pennsylvania Inheritance and Estate Tax" (REV-1515). Applications ara available at the Office of the Register of Hills, any of the 25 Revenue District Offices, or by calling the special Zq-hour answering service for forms ordering: 1-800-$62-2050~ services for taxpayers with special hearing and / or speaking needs: 1-800-q~7-5020 iTT only). Any party in interest not satisfied aith the appraisement, allowance, or disallowance of deductions, or assessment of tax (including discount or interest) as shown on this Notice must object within sixty (60) days of receipt of this Notica by: --arittan protest to the PA Ospartmant of Revenue, Board of Appeals, Dapt. ZSlOgl, Harrisburg, PA lT128-lOZ1, OR --election to have the matter determined at audit of the account of tha personal representative, OR --appeal to the Orphans' Court. Factual errors discovered on this assessment should be addressed in writing to: PA Department of Revanua, Bureau of Individual Taxesj ATTN: Post Assessment Raviaw Unit, Dept. 280601, Harrisburg, PA 17128-0601 Phone (717) 767-6505. Sea page 5 of the booklet "Instructions for Inheritance Tax Raturn for a Rasident Decedent" (REV-15Ol) for an explanation of administratively correctable errors. If any tax due is paid within three (5) calendar months after tha dacedant's death, a five percent (52) discount of the tax paid is allowed. The 15Z tax amnesty non-participation penalty is computed on the total of the tax and interest assessed, and not paid before January l&, 1996, the first day after the and of the tax amnesty period. This non-participation penalty is appaalabla in the sams manner and in the the same time period as you would appeal the tax and interest that has been assessed as indicated on this notice. Interest is charged beginning with first day of delinquency, or nine (9) months and one (l) day from the date of death, to the date of payment. Taxes which became delinquent before January l, 1982 bear interest at the rate of six (6Z) percent per annum calculated at a daily rate of .O0016q. All taxes which became delinquent on and after January 1, 1982 will bear interest at a rate which wil1 vary from calendar year to calendar year with that rate announced by tho PA Department of Revenue. The applicable intarast rates for 1982 through ZOOq ara: Interest Daily Interest Daily Interast OaiZy Year Rate Factor Year Rate Factor Year Rate Factor ~ 2OZ .0005q8 ~)"~'~-1991 11Z .O0050X ~ 9X .0002q7 196~ 162 .000~58 1992 92 .OOOZ~7 ZOOZ 62 .00016~ 198~ 112 .000~01 1993-199q 72 .000192 2005 5Z .000157 1985 152 ,000556 1995-1998 9Z .0002fi7 ZO0~ qZ .000110 1986 102 .O00Z7fi 1999 7X .00019Z 1987 102 .O00Z7q ZOO0 72 .000192 --Interest is calculated as follows: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DBLINI~UENT X DAILY INTEREST FACTOR --Any Notice issued attar the tax becomes dalJnquant will reflect an interest calculation to fifteen (153 days beyond the date of the assessment. If payment is made altar tha intarest computation date shown on the Notice, additional interest must be calculated.