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HomeMy WebLinkAbout11-13-12COURT OF COMMON PLEAS PENNSYLVANIA , ., CUMBERI-AND COUNTY, IVISION z ~? ~~ -r, ~ ~' ~~ pgpHANS' COURT D r-> c- ; ROB ~'2 ~ EASED ~ F HE ESTATE OF ~' `G W 'T ~~ ~ ~ O -o ,' APPELLANT ' ~' `- ' G rl ~ N cn - ERITANCE TAX APPEAL ~_, y ~_ ~n0 PETITION FOR INH o TO THE HONORABLE JUDGE: AND NOW COMES the Estate of Helen F. Crouse (e~es`p~seudanent` to the prov~ ons of 72 counsel, Zullinger-Davis, Professional Corporat~Oann,C ~ Rule 10.2-2, from the Pa. C.S. §9186(a) and Cumberland County Orp Commonwealth's Appraisement, Disallowance of Deductions and Assessment of Inheritance Tax and avers in support thereof as follows: 1, The Decedent died August 26, 2011. At the time of her' death she owned an 85.9008% limited partner interest (the "Decedent's Interest") in Beech Tree Investments LP (herein "Beech Tree"). h~ivmg an office at 2. Beech Tree is a Pennsylvania limited partnership 6 2 $ (~(~ i4 D ST , Shippensburg, PA 17257. 3, The Decedent's Interest in Beech Tree was properly reported on the Pennsylvania Inheritance Tax Return (the "Return") on Schedule "C" thereof. A copy of said Schedule "C" is attached hereto and incorporated herein and marked "Exhibit A". 4, The "Reported Value" of Decedent's Interest iri Beech Tree was $3,235,540. 5, Said Reported Value was determined in part by a "V~~dOri~~ that was prepazed on behalf of the Estate by Mr. Richard S. Grayev of Glen Arbor 2 6. 7 8. 9 Associates. A copy of said Valuation is attached hereto and marked "Exhibit B". The Reported Value, as reflected in the Valuation, was based in Part uP° discounts from net asset value for minority interest and lack of marketability, as is fully explained and illustrated in the said Valuation. The Pennsylvania Department of Revenue (the "Department") examined the Return and issued is "Notice of Inheritance Tax APPrazsement, Allou+ance or Disallowance of Deda~ched and msazked as t`Exhibrt •C(the `°Appraisement") a copy of vvh lanation of Accompanying the Appraisement was the Department's "Exp Changes" (attached as a part of "E7chibit C"), which reflected an "Assessed Value" for the Decedent's Interest in Beech Tree as $4,70 nt 9 deb sion was The Explanation of Changes indicated that the Departm - erate a based in part on the conclusion that Beech Tree does not op "legitimate business enterprise:' The result of the Department's actions is an increase in Inheritance Tax due of $47,979.04 (the "Disputed Tax")• 10. The Estate disagees with the facts and conclusions contained in the Appraisement and appeals from the imposition of the Disputed Tax, and submits that the Department is in error in making same'• Some of the facts and circumstances submitted by the Estate which support the conclusion that the Department's actions are incorrect (and not supported by lave) are as follows: licable Pennsylvania a. Beech Tree was properly formed under app law and has its own Federal Employer Identification Number. b The overall purpose of the partnership (Beech Tree) is to pool together the partners' resources as co-owners in a form of business organization having the specific chazacterist:ics of Beech Tree, so that said resources can be more effectiveTy°fit derived from,eand the a business to the end of increasing the P rovide for continuity value of, such resources as a whole, and to' P ,I,he specific and orderly succession of management. 3 characteristics of Beech Tree which have motivated tike partners as co-owners to engage in this business include the following: ~1) the ability to conduct business as co-owners without an entity level income tax; eneral ~2) the ability to sepazate management control in the S partnership interest from the bulk of eq'uitY ownership represented by the limited partnership interest; ~3) the ability to help protect the Partnership's Property from the creditors of the various partners throngll the mechanism of such creditor having the status only of ~m assignee of an interest; ~4) the ability to limit the liability of those co-owners who are limited partners to no more than their capital contributions or interests; ~5) the ability to decide whether certain transferees onah~mrtaend partner will be admitted with full ov~niership g rior thereby to select the individuals witYi whom the p owners will be in partnership with; (() the ability to obtain for the general partaner as the managers of the business, the benefits and burdens of the "busmess judgement rule" as the basic criterion of management accountability; arbitration as ~~) the ability to conduct business with mandatory the mechanism for resolving any business dispute among the co-owners; the co- ~g) the ability to discourage fnvolous disputes among owners by requiring the Payment of costs to be shifted to the non-prevailing party: and ~9) the ability to conduct business among the co-owners while protecting the confidential aspects of that business from improper disclosure which harms the business, while 4 providing a mandatory mechanism to resolve any such claims of harm; and Crouse had contributed a (10) Limited Partner Helen F• substantial amount of Allied Irish Bank cometo~eo 'mited a then current value of $10,000,000. to reduce the partnership provides a mechanism concentration of Allied Irish stock over a long period of time so as to protect the value of the stock. c, Accordingly, in light of the overall purpose sis specified, the partnership was formed to engage in the business of investing in any kind of property, real or personal, which the; partnership may deem advisable, specifically including, but not limiting the generality of the foregoing, bonds, notes, debentures, preferred stocks, common stocks, interests in general partnership and limited partnership's interest in limited liability companies, mortgages, ground rents, real estate (including leasehold as well as fee simple property), investment trusts, deposited or co-mingled funds, commodities and goods, cows, equipment and other tangible personal property, and any other investment as shall be determined by the general partner (the "Property„). d In furtherance of the business and purposes of the partnership, the partnership may acquire contributions of property by the partners, by purchase, by lease, by investment of partnership funds, or otherwise, real property, interests in real property, personal property, and interests in personal property, whether owned directly or indirectly, and wherever situated, and may own, hold, improve, lease, exchange> transfer or otherwise dispose of such properties, and the partnership would entE:r into such contracts, agreements, ventures or arrangements with other Partnerships, joint ventures, corporations, trusts, associates, individuals, limited liability companies, or other entities as may be deemed necessary 5 by the partnership to accomplish any of its purposes, whether or not the term of any such agreement, contract, lease or arrangement may extend beyond the date of this partnership. e Other limited partners as well as the Deceder.~t made initial contributions of capital and limited partner interests were issued pro-rata based on those contributions• to limited pzutners were pro- f, All distributions from the partnership rata, in strict conformity with respective capital interests. No partnership assets were used for personal expf:nses or purposes g• of the Decedent. ~•tnership, retained h The Decedent, after contribution of capital to P ' ort her more than enough assets and sources of income to supp anticipated costs of living for more than her life expectancy i. All partnership assets were titled and held in partnership name. Decedent did not hold any General Partner interests nor did she l~ owers after C1 ~'~_.pbeR ° 2008, exercise any management p and the previously owned interest in the General Partner was sold for a fair mazket value price. ra s via this Appeal that your Honorable Court ~ WITNESS WHEREOF the Estate P Y 3 roviding that the correctness of the issue an Order (as provided in 72 P.S.§9186(a)( )) P Department's actions complained of herein be determined at the Audit of the Account of the Personal Representative, or at a time the CO Respectfully Submitted, Hamilton C. Davis, Esquire , 7 el R. Zullin ,Esquire rofes;;iona Corporation ullinger-Davi , 20 East Burd Street, Suite 6 p.O. Box 40 PA 172`7 Shippensburg, (717)532-5713 6 VERIFICATION Executor of the Estate of Helen F. Crouse, verify that the I, JEAN C. RITCHIE, eel, are true and correct to the statements herein made in this Petition for Inheritance Tax APP best of my knowledge, information and belief. I understand th ~ fal~fswom falsificationsato made subject to the penalties of Pa. C.S.A. §4904, relating authorities. ~,~, 2012 Dated: Ole an C. Ritchie 7 REV-1504 EX r (8-98) C~~HERRANCE TAX RErURN~w RESIDENT DECEDENT SCHEDULE C CLOSELY•HELD CORPORATION, PARTNERSHIP OR SOLE•PROPRIETORSHIP ;,ROUSE ~~ ~~y~perNelship Ingest of the decedent other Ihen a htfortnetbn) must be attached fa each closely d~orshlps. Sdiedule C-t or G2 (tr~luding all supportlng illfonnetbn M be submM~d for sole-Prop VALUE AT DATE sote{~IOPdetorship. See instrudbre forthe supportlng OF DEATH_ ITEM V°~~^'~ """ rtnersntp UMBER o in Beech Tree Investments, LP, a limned pa t Decedent's 85.90Q8 /o ownership 586.67 that owns primarily marketable securities, held in Investment Account #0502 wi Orrstown Financial'AdvisoA d scounted va nation of the dehceden~Ys interest ha3 been (see valuation attached). attached). The fair market value of the prepared by Glen Arbor Associates (with copy teen Arbor Assoc ales s $37,666.00 x185.9008%nor $3 235,540 OOunted valuation o ExKr~T ~ ~ 3,235,540.00 vbt. J LVL 7•'iJnnl CVIIII~CI V0.Y1~ April 30, 2012 na• tU[y r. to[)~ Ms. Jean Crouse Ritchie Mr. James R. Crouse Co-Executors of the Bstate of Helen F..Crouse, Deceased C/o Joel Zullinger, Esquire 19 North Main Straet Chambersburg, PA 17201 Dear Ms. Ritchie and Mr. Crouse: You have asked us to prepare a valuation (the "Valuation") of the fair rttarket value of a limited partnership interest (the "Interest ) in Beech Tree Investments LP, a limited partnership that owns'/primarily marketable securities (the "]?artnership")- This valuation is as of August 2hereinlreferredt1`.o asMthe Grouse's death (such date being "valuation Date"). It is valid for the Valuation Date only and for the sole purpose of supporting estate tax returns filed by the executor's of the Estate. This report is not to be used for any purpose other than that stated. Limiting Conditions In preparing the Valuation, we have relied on (i) financial information 'provided by management of the Partne:rahip for the years ended December 31, 2006 through 2010; (ii) various financial information prepared by Orrstown Financial Advisors as of August 26, 2011; and (iii) a copy of the Limi.Ced Partnership Agreement of Beech Tree Investments, Limited Partnership (the "Partnership Agreement"). We accept no responsj.bility for the accuracy or the completeness of the information provided to us. Standard of Practice Glen Arbor Associates ("GAA") is a business valuation firm regularly engaged in the valuation of closely-held businesses and significant interests therein. This report was prepared by arehattachedraseAppendixdlnt•NeitherreGAAnnorlany ofhitsnofficersd or employeeis has any interest in the Partnership, and all of such persons arp independent with respect to the valuation discussed 430 Glen Arhor Court • long of Pruesla, PA 18406 ~~~ ~~ ~~ Phone: 810-265.7A44 • Fez: 610-2652043 Ms. Jean Crouse Ritchie Mr. James R. Crouse Co-Executors of the Estate of Helen E. Crouse, Decease April 30, 2012 Page :? herein. GAA's compensation for services rendered is not contingent on any action or event resulting from our opinion. The Valuation has been prepared (i) pursuant to the standard of value prescribed by Revenue Ruling 59-60 of the: Internal Revenue Service and (ii) in conformance raiserseandhthe Uniform standards of the American SocraisalfPractice of the Appraisal Standards of 8rofessional App Foundation. Aefinition of Eair Market Value Eair maz!ket value is the price at which the Interest would change hands between a willing buyer and a willing seller when the former is not under any compulsion to buy and, the latter is not under any compulsion to sell, and both parties are able, as well as willing, to trade and are well informed aibout the Partnership wind the market for the Interest. The Partnership The Partnership was formed on March 2, 2005 and exists pursuant to the terms of the Partnerseneragrpart~nerbythed"General American Beech Investments, LLC, as g Partner ), and Helen F. Crouse, Jean C. Ritchie, Philip M. Ritchie, Tace Crouse , and James R. Crouse, as limited partners (the."Limited Partners"). As of the Valuation Date, the General Partner owned a 18 interest in each material item of income, gain, loss, deduction or credit of the Partnership and the Limited Partners owned a 99~ interest in each material item of income, gain, loss, deduction or credit. The ownership of the Partnership as of the Valuation Date was as follows: Percentage ownershi General Partner 1.0000$ American Beech Investments, LLC Limited Partners 135.9008$ Helen F. Crouse Ritchie 6.5496 Jean C. and Philip M. 6.54968 James R. and Tace Crouse 10 0 i. v• IVL/ it LV/JI vv yr Jig LoiL /.~/~"^ Luiiiub°~ uu•iu Ms, Jean Crouse Ritchie Deco°ased Mr. James R. Crouse Helen F. Crouse. Co-ExecutozQl2f the Estate of APril 30, Page 3 The term of the Partnership c°mmenced on March 2, 2005 and shall continue indefinitely until dissolution and termination pursuant to the Pennsylvania Revised Uniform Limited Partnership reement. Limited Partners have Act or by any pzovisions of the Ag no right to take part in the management or contro:L of the Partnership or its ~ayineAlladecisionsswithtrespect to theind the an any ~s business are to be made by the Partnership management of the Partneran~Pperiod when there is more than one General Partner. Duzing general partner, the General Partners must act unanimously, an no general partner has the authority to manage or control the Partnership alone. No Limited Partner may assign an Interest in the Partnership other than as permitted by the Partnership Agreennent. A Limited Partner may transfer all or a portion of his/her Interest in a Permitted Transfer provided that the Interest ho:Ldez obtains written consent °=easonGorefor nor reason at1a11 Zsent may be withheld for any The Partners'hi 's Assets As of the Valuation Date, the Partnership's'. primary asset consisted o~ investments in marketable securities. Financial Review Exhibit 1 searsfendedtDecemberc3l5h2006fthroughPDecemberl3l, for the fiscal y 2011, Inasmuch as the Partnership's 2010 and as of August 26, purpose is to acquire, manage, and sell various investments, there are no operating statements. Valuation al sis As discussed proflcashyand investmentsipnL;marketablessets consist exclusively the principal methodology that we securities. Consequently, roach. employed tp value the Interest was an asset app the net asset value ("NAV") method, the fair mazket To ap~ly restating the value of t e Partners' capital was estimated by partnership's balance sheet as of the Valuation Date to current Oct. 31. 2012 9:49AM zullinger-davls No.IUZy Y. 29/91 Ms. Jean Crouse Ritchie Deceased Mr. James R. Crouse Co-Executors of the Estate of Helen F. Crouse, April 30, 2012 Page 4 market value. The indicated fair market value fox a 10 was obtained interest in the Partners' capital of the Partnership by deducting the fair market value of the Partnership's liabilities from the fair market value of its assets. See Exhibit 2. The marketable securities were valued at $5,.351,771• This amount represents the value of oTYStowneFinancialcAdvisorsof the Valuation Date as reported by Liabilities of $0 were 2nOliuded in this valuation at their book value as of August 26, The NAV is calculated on Exhibit 2. Based on .this method, ofethelPartnershiplon afcontool marketablenbasis~~astofrAuquapi261 2011 was $5,982,597, or $54,826 per 1~ interest. See Exhibit 4. Minorit Interest Discount Since the purpose of this valuation is to provide an opinion of the fair fiarket value of athenconcludedivaluemfrom thetNAVship interest in the Partnership, method, which is a controlo~iagL~~~easpartnex~taacontrolatheste to reflect t'he inability interest discount"). disposition of the assets ( minority In order to quantify the magnitude of the .appropriate minority in>~erest discount, we performed an ana:Lysis of the relationship between stock prices andclosedsend investmentsfunds for publicly traded, general equity, numbertof s~ares1outstandingnasknewuinvestment dollarsnareaaddede closed-end funds are publicly traded andicing offthedsha esrisf shares outstanding. As a result, the p not equal tb the underlying net asset value, as is the case with mutual funds. General equity funds were selected because: the Partnership's marketable 'securities are primarily investments in public equities. Exhibiit 3 contains net asset value per share, market pzicing, ar?d the Prey- fundssasuof,the valuationeDatelueWeor fifteen general equity roup calculated'a median discount from net asset vaaue for the g Uct.31. ZUl! 9:49AM tullinger-davis NO, IULy Y. 1U/]I Ms• Jean Crouse Ritchie Deceased Mr. James R. Crouse Crouse, Co-Executo~sOlZf the Estate of Helen F. April 30, Page 5 of g.q~, In our judgment, 8.4~ is an appropriate discount by which to adjust the control marketable per interest value to arrive at a minority marketable per interest value:. Applying this discount, results in a calculated vSeeeExhibit interest on a minority. marketable basis of $50,2:_1. 4. Impact of Illiauidi~ Our interest, indicated Partners' caP~rke~able repiresents a minority 'the lack of a market for the of 350,221 per 1~ value and needs to be Interest. adjusted for In assessing the appropriate discount to rei:lect such lack of marketability, therefore, we look to the stud:Les of diublicts from freealy traded valuesshou dfyieldsardisco nt~thatoshould be companies 'The analogy no lower than the median discounts recorded since liquidity in ears; liquidity for the those cases is assured within two y Interest ca{het Partnership snmanagement th tethezeaisenoecurrent advised by / in the near future. intention of liquidating the Partnership All of the summaries of the studies cited i.n footnote 1 re-IPO enable oanies inawhichcrestricted stockZwasnsoldadand thekpt o the comp study differentiated between sales (in which money changed han s Maki~1g the intuitive and options (where no cash was involved)• earlier stage assumption that restricted stock of the sn`uirerthe largest and more thfi.nly traded companies would req ield the discounts, the published summaries of such studies y following analysis: xThree'such studies, chosen far this report because of the availability of detail in their presentation, are 9211 Cong. 1st Insti utional InvestoH.RtuDoc~eNost64£ PartSScurities an Exchan a Commissio2444-2456; Moroney, "Most Courts Overvalue Sess. (1971), PP• Taxes (March 1973), PP- 154 - 5' Closely Held Stocks", Emoryy "The Value of Marketability BusinesstValuationlNewsa Public Offerings of Common Stock , December March, 1994, and Business Valuation Review, Seecember 1992' 1986, J- un 1888, December 1990, and December 1995, and September 1997. No. l UlN Uct.31. 2U1'i: 9:49AM zullinger-davis Ms. Jean CrouCTO sechie Deceased Mr. James R. Co-Executors of the Estate of Helen F. Crous , April 30, 2012 Page 6 SEC Institutional Investor study (1971) T pe of Com an OTC (Non-reporting) $100,000 or less revenues N, j~/il Weighted Average Discount Per End of Rance 55~ (38 of 112) 58~ (18 of. 66) Moroncy study (March 1973) Purea~er Bayrock Growth Fund Diebold Venture Capital Fund Enterprise Fund New America Fund ValueLine Development Capital ValueLine Slpecial Situation 'Fund Discount at U er End Average of the Ran e 66~ (1 of 4) 37~ (2 of 6) 75~ (3 of LO) 54~ (8 of 32) 55~ (9 of 35) 51~ (10 of 38) ecember 1995) Robert aaird & Co. Studies (Deoetnbor 1992 - D i count from 2P0 Price T e,of Transaction Sale prior to IPO Average D s _ 46~ (43 sales) The fcregoin studies are by no means the only ones dealing with this subject, However, the results cited, above are believed to be representative. Based on the studies cited, the tradedavaluaesofuthefstockcof f marketability from the freely- ZThe dames of the selected Funds indicate that they invest in the shares of smaller, early stage companies rather than established market performers• Valuin a Business, 3d ed. 3See Pratt, Reilly & Schweihs, (PP~ ',335 - 348) . -- No, lUZ9 Y. 3Y/il Uct.31. 'lU17. 9:49AM zullinger-davis Ms. Jean Crouse Ritchie Mr. James R. Crouse Co-Executo2s012f the Estate of Helen F. Crouse, Decease April 30, Page 7 (i) a growing company with proven management, (ii) that is weaker and less well known than larger public companies, (iii) does not pay a dividend and where small blocks of shares have no control, and (iv) will have to be held for 2 - 3 years before full marketability, would eed scauntsbcitednaboveand 75~, with a median of 55~ of the averag Contrasteectationsthat the~Interestzwillabecomezpubliclyno reasonable eXp the Interest can be convertedwe traded or re$eemed; accozdingly, Rowever, into cash on~-y upon liquidation of the Partnership. have been ad~rised that there is no intention of liquidating t e Therefore, we are of the opinion that a 25~ partnership. mazketable discount to k.he indicated Partners' capital minozitY er intezest is appropriate. Application of value of $50',221 p er inte:rest of 537,666. that discount yields an indicated value p The calculatlions are set forth i.n Exhibit 4. opinion of Value Based Qn the foregoing, it is ouruSPi26,n20h1.1twaseS371666 market value of the Interest as of Aug per Interest. Sincerely, GLEN ARBOR 'ASSOCIATES Q~~ 1~~ By' Gra ev Richar S. Y Presid@nt - _ No. 1019 Y. 33/91 Uct,31, 1Ul;i 9:hUAM zullinger-davis AppErmsx I RICAARD S• GRAYEV Professional Exp e~{ience - Present President, Glen Arbor Associates 2007 gain of Prussia, PA sf of business entities and bsotio ~ n provide valuations }on with acqu corporate securi dslitigationt an estate planning ~P'ice President, Compass Capital Partners, Ltd. 1998 - 2007 ~tadnor, PA provide services to middle market companies, specializing and blocks of corporate ~n valuations of business entities with acquisitions, estate securities in connection planning and litigation. Valuation Services, Curtis ginanoial Group, Inc. 1994 - 1996 'Director, iphiladel hia Pp+ forming and directing ~rafiraiaa in s Y g d ess Responsible for investment banking division of start-up f middle market companies- the needs o 1994 Senior Manager, Arthur And@rsen s Co. 1990 - Philadelphia Responsible for leading the Valuation Services Group lible business and intang the Philadelphia office performing asset valuations. 1976 - 1990 Senior Manager, Coopera & Lybrand Phil~lphia, PA performed financial a ld companiesaandeintangible assets he medium sized closely^ shareholder value concent:ra chemical, to increase roducts, distribution, consumer p i ng, manufactur financial services and healthcare. professional filiations and Activities Pennsylvaniarofessional seminarsyon valuationc~ssuestand estate gpeaker at p planning for business owners. Edu~atio=' BS ElactKical Engineering, Autgers University. '1967 MBA, Dre#cel University, 1978 Certified Public Accountant, 1980 Uct.31. 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N U rl H Oct. 12. 2011: 10:12AM BUREAU OF INDIVIDUAL TAX65 1NMERITANCE TAX DIVIHION PO e0X 2a06o1 w1RRISBVRg PA 171zg•e4¢1 JOEL R ZULLINGER STE 200 14 N MAIN ST CHAMBER58URG zullinger-davis NOTICE OF INHERITANCE TAX APPRAISENENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ' ~ RETAIN LOWER PORTION FOR YOUR RECORDS_ F ___________________ CUT ALON6_ THIS LINE _~____________________ _•-• --- --•- - REV-1547 EX AFP C12-1~1DISALLOWANCENOFRDEDUCTION3 ANDRASS ES•SNENTAOFOTAXCE OR , ~~ ..~ un .9I I7-n926 RCN: 101 DATES 09-17-2012 ESTATE OF: CROUSk ncc ~.. - -- TAX RETURN WAS: ( ) ACC6PTE0 AS FILED C _____.... ..~~.•nu APPRAISED VALUE OF F 1. Real. Estate (SCh 2. SC¢¢KE and Bonds 3. Closely Neld SS¢ 4. Mort as pee/N¢ios 5. Gesn/dank Doposf 6. Jointly Owned pr T. Transfers CSch o< (1) .00 (z) .00 cs) 4.709,597.26 (4) .00 (s) 43,152.95 [g) .00 DATE 09-17-2012 ESTATE OF GROUSE HELEN F DATE OF DEATM 08-26-2011 FILE NUMBER 21 11-0926 COUNTY CUMBERLAND ACN 101 APPEAL DATE: 11-16-2012 (Su reverse side under ObJecNons) pA 17201-1814 A~ount Roeittod~ MAKE R.EGLSTER OFB WILL SD RENI7 PAYMENT T0: 1 COURTHOUSE SQUARE CARLISLE PA 17013 RASED ONE A) 6) :le B) »rship Interest (SCAedule W ole CS¢A edu le D) . Perao nsl Property (gehadulo E) Cgeho dUl~ F) g_ Total Assets ' APPROVED DEDUCTIONS 1~ND EXEMPTIONS: .••~.'•~~~• ~'" .: 9. Funo ral Expanses/ dm. C¢sta/Niho. 6xpanaas (Schedule H) lg. Deh is/Mortgage Liabilities/lions (S ehadule I) (y) 98.930.43 (lg)~~1.134.00 (13) 120,064.43 6 11. Total Deductions - (12) 9.234.121.9 12 NaL Value of Tax `;aturn, I-~c?,002 76 . 15 iCaDle/eoyorn~nental ~B e9ues ts:~ Non-eleetod 9115 Ch Trusts (Sohedu la JI ~1~) x 119.20 367 . 14 ar Nat Value of Es tae Subieot. to Tax , . . assesslFent was issued previously, f linos 14, 15 and•/Dr 16r 17, 18 end 19 Will NOTE: an I Include the total h of ALL returns assessed to date. at reflect fioul~es t - "..-JCS3E'SSMENT"OF-T'A7(. "-"~'' C19) ,00 X 00 = -00 15. Amcunt oP Lina 1G at Spousal rata X 045 = (16) 7.367.11+~,2R 331,520 16. Amount of Line 1W taxable at Lineal/Glees A rata , ) nn X 12 = .00 17. 4mount of Line SW at Sfblfn9 rata (1T 00 x 15 .00 18. . Amount of Line 19 taxah le ai collateral/Class H rate C1 a) (197= 331.520.36 19. prlnelpel Tax Duo fAX CREDITS: PAVNEN7 RE PT I DUN7 (*) AMOUNT PAID DATE NUME6R INTEREST/PEN PAID [-) 1I-22-2011 C 5 1 .17 .D7 69, 5 TnTAI TA LNTEREST IS CNARGEDiTHROUGH 10-02-2012 AT THE RATES APPLTC~(BLE AS OUTLINED ON THE REVERSE SIDE OF THI$ FORM N IF PAID AFTER DATE IN icATED. SEE REVERSE (7) 4,601,436.18 NDT6: To ensure prop or credit to Your account. 8uDm1t the upper portion of this form with your tax payment. (g) 0.354.186.39 IV O. UYI] r• I' ~ ~ I~ ~ ~~ ~nnsylvania . DEPAffYMENY Of REVENUE REV-1547 E7( (L -11) DUE I 48, 2 `~.E IF TOTAL DUR-IE RGFL6cT6b-AS A-^cR¢DIT•• (CR)_ VDU nAV 86 DUE ~[L TAX DUE 47, NTEREST AND PEN. 507. wo. uyr3 Oct. 12, 2012 10:12AM zullinger-davls 0.EW,00 pf 1040) ~ pei'111Sy~Va!111d iNHERiTANCe rax DEPARTIMENT OF REVENUE EXPLANATION ' OF CHANGES BUREAU OF fNONIOUAL TAXES r. t PO Boa 480801 _ _ Helen F. Crouse ITEM SCHEDULE NO, B. BelskeY 2111.0928 101 EXPLANATION OF CHANGES C Assessed at $4,709,597.26. value,~~ d ng history,lovelrall finanicial condftionugeneral econom a outlookeana oens set relevank factors. woulde~atabl sh the valuecfor the refe eoced estatehs interest n the'above mentioned compaFhY• Since t is partnership is comprised of liquid assets, the Beech Tree Investments, LP is determ ned to be a family investment company, and ae such, non-controlling minority interes and IacK of marketability discount are not applicable when a family partnership does nbt operate a legitimate business enterprise. Pleaselsee Berry Estate 27 Fiduc. Rep. 2d 219. Held: (Arphans' Court of Venango County agreed and Commonwealth Court affirmed.