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Home My WebLink About06-16-15 pennsylvanta 1505614105 oer mwnas�vnuE EX(03-14)(R) REV-1500 OFFICIAL USE ONLY Bureau of Individual Taxes County Code Year File Number PO BOX 280601 INHERITANCE TAX RETURN 21 11 0448 Harrisburg, PA 17128-0601 RESIDENT DECEDENT ENTER DECEDENT INFORMATION BELOW Social Security Number Date of Death MMDDYYYY Date of Birth MMDDYWY , V^� 162009 12131972 Decedent's Last Name _ Suffix Decedent's First Name MI STUM TIMOTHY (If Applicable)Enter Surviving Spouse's Information Below Spouse's Last Name Suffix Spouse's First Name MI THIS RETURN MUST BE FILED IN DUPLICATE WITH THE REGISTER OF WILLS FILL IN APPROPRIATE OVALS BELOW CD 1.Original Return O 2.Supplemental Return O 3. Remainder Return(date of death prior to 12-13-82) O 4.Agriculture Exemption(date of 5. Future Interest Compromise(date of 0 6. Federal Estate Tax Return Required death on or after 7-1-2012) death after 12-12-82) O 7. Decedent Died Testate O 8. Decedent Maintained a Living Trust 9. Total Number of Safe Deposit Boxes (Attach copy of will.) (Attach copy of trust.) O 10. Litigation Proceeds Received O 11. Non-Probate Transferee Return p 12. Deferral/Election of Spousal Trusts (Schedule F and G Assets Only) O 13. Business Assets O 14.Spouse is Sole Beneficiary (No trust involved) CORRESPONDENT- THIS SECTION MUST BE COMPLETED.ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED T0: Name Daytime Telephone Number jGEORGE J. COSTOPOULOS i(717)243-0407 First Line of Address 153 N. HANOVER STREET Second Line of Address City or Post Office - — l- - -_ --- — ' --- --� State ZIP Code CARLISLE _ - W- - PA 117013 Correspondent's email address: g)CIaW@Comcast.net REGISTER OF WILLS tg!§ NO LY REGISTER OF WILLS USE ONLY C O C— r n C7 DATE FILED MMDDYYYY C O w - — 470 = C7 G7 r-- M Q7 fTl • DATE E PSTA� qC I.—A n ~ C/) C) PLEASE USE ORIGINAL FORM ONLY CD Side 1 �lllItII5�� 1505614105 1505614205 REV-1500 EX(FI) �D-ecedent's Social Security Number Decedent's Name: TIMOTHY STUM 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 and Notes Receivable(Schedule D).. .. ..................... .. 4. 5. Cash,Bank Deposits and Miscellaneous Personal Property(Schedule E)....... 5. 6. Jointly Owned Property(Schedule F) O Separate Billing Requested ...... . 6. 7. Inter-Vivos Transfers&Miscellaneous Non-Probate Property (Schedule G) O Separate Billing Requested........ 7. 8. Total Gross Assets total Lines 1 through 7 8. 0.00 9. Funeral Expenses and Administrative Costs(Schedule H)... .... .... .... ...1 9. 10. Debts of Decedent,Mortgage Liabilities and Liens(Schedule 1)...... . ....... . 10. 11. Total Deductions(total Lines 9 and 10).... .... ................. ........ 11. 12. Net Value of Estate(Line 8 minus Line 11) ..................... .... ..... 12. 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. 0.001 TAX CALCULATION-SEE INSTRUCTIONS FOR APPLICABLE RATES 15. Amount of Line 14 taxable at the spousal tax rate,or transfers under Sec.9116 (a)(1.2)X.0_ 16. Amount Line taxable rate .0 ~� at lineal rate X.0_ 16. 17. Amount of Line 14 taxable at sibling rate X.12 17. 18. Amount of Line 14 taxable at collateral rate X.15 18. 19. TAX DUE... .... .... .... . ... .... ............. .... ............. .... 19.E 0.00 20. FILL IN THE OVAL IF YOU ARE REQUESTING A REFUND OF AN OVERPAYMENT O Under penalties of perjury,I declare I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief, it is true,correct and complete. Declaration of preparer other than the person responsible for filing the return is based on all information of which preparer has any knowledge. SIGNA�URSON(SESPON FOR FILING RETURN DATE ADDRESS SHIRLEY . STUM; 246 MOUNT ZION ROAD, CARLISLE, PA 17015 SIGNATUF PREPARER O -R THAN PERSON RESPONSIBLE FOR FILING THE RETURN DATE c / ADDRES GEORG J. COSTOPOULOS, ESQ.; 153 N. HANOVER STREET, CARLISLE, PA 17013 L 111111111111111 X1[1�11J111�1yJ1JJJlJJ1111111111111 Side 2 J 1505614205 REV-1500 EX (FI) Page 3 File Number 0448 Decedent's Complete Address: DECEDENTS NAME TIMOTHY STUM STREET ADDRESS 246 MOUNT ZION ROAD CITY STATE ZIP CARLISLE PA 17015 Tax Payments and Credits: 1. Tax Due(Page 2,Line 19) (1) 2. Credits/Payments A.Prior Payments B.Discount (See instructions.) Total Credits(A+B) (2) 3. Interest (3) 4. If Lane 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) 5. If Line 1 +Line 3 is greater than Line 2,enter the difference.This is the TAX DUE. (5) 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.............................................................................................................................. ❑ N d. receive the promise for fife of either payments,benefits or care?...................................................................... ❑ N 2. If death occurred after Dec. 12,1982,did decedent transfer property within one 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?.............. ❑ E 4. Did decedent own an individual retirement account,annuity or other non-probate property,which contains a beneficiary designation? ........................................................................................................................ ❑ 0 IF THE ANSWER TO ANY OF THE ABOVE QUESTIONS IS YES,YOU MUST COMPLETE SCHEDULE G AND FILE IT AS PART OF THE RETURN. For dates of death on or after July 1, 1994,and before Jan. 1,1995,the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 3 percent[72 P.S.§9116(a)(1.1)(i)]. For dates of death on or after Jan. 1, 1995, the tax rate imposed on the net value of transfers to or for the use of the surviving spouse is 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 disclosure 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 21 years of age or younger at death to or for the use of a natural parent, an adoptive parent or a step-parent of the child is 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 4.5 percent,except as noted in[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 percent[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. REV-1508 EX+(02-15) pennsylvania SCHEDULE E DEPARTMENT OF REVENUE CASH, BANK DEPOSITS & MISC. INHERITANCE TAX RETURN PERSONAL PROPERTY RESIDENT DECEDENT ESTATE OF: FILE NUMBER: TIMOTHY STUM' 0448 Include the proceeds of litigation and the date the proceeds were received by the estate. All property jointly owned with right of survivorship must be disclosed on Schedule F. ITEM VALUE AT DATE NUMBER DESCRIPTION OF DEATH 1 The estate was opened solely for the purpose of litigation stemming from an automobile fatality. 0.00 The decedent had no other probate assets. Settlement proceeds were received from the litigation in May,2015. Prior thereto,the PA Department of Revenue approved a settlement allocation of the net proceeds entirely to the wrongful death claim,and$0 to the survival claim. See Exhibit"A." As a result,the estate has no assets,and no PA"inheritance tax due. TOTAL(Also enter on Line 5, Recapitulation) $ 0.00 If more space is needed,use additional sheets of paper of the same size. pennsylvania DEPARTMENT OF REVENUE r February 24.2015 Joseph Melillo,Esquire Navitsky,Olson&Wisneski.LLP 2040 Linglestown Road,Suite 303 Harrisburg,PA 17110 Re: Estate of Titnotlty Stutn File Number 2111-0448 Court of Common Pleas Cumberland County Clear Mr. Nfelillo: The Department of ltcvctlue.has received your correspondence. Attached ,vas the petition to approve a compromise settlement to be filed on behalf of the above-referenced estate in regard to a wrongful death and survival action. It was sent to this office for the Commonwealth's approval of the allocation to the proceeds paid to settle the actions. According to the Petition.the 36 year old decedent died as a result of motor vehicle accident. Decedent is survived by his mother. Pursuant to the Supreme Court of Pennsylvania,damages recoverable under a survival action include those for future earnings,even where those earnings may be difficult to quantify. Kiser v.Schulte,538 Pa. 219,648 A.2d 1 (1994). This is supported by the Commonwealth Court. Roberts v.Dungan,574 A.2d 1193 (Cmwith.Ct. 1990). Therefore,absent any facts to the contrary,a portion of the recovered proceeds must be allocated to the survival action as compensation for decedent's lost earnings. Ho-,vcver as the proceeds in this matter are a minimal net of$75,816.68,this Office has no objection to the allocation that you have requested. 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,$75,816.68 to the wrongful death claim and SO 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 Pcrinsylvinia 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,659 A.2d 1059(Pa. Cmwith. 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. Sin erely, r: EXHIBIT " Mannon E. Bakcr Trust Valuation Specialist 0 Inheritance Tax Division m Bureau of Individual Taxes 1 PO Box 280601 1 Harrisburg, PA 17128 1 717.783.5824 1 shabaker@pa.gov