HomeMy WebLinkAbout07-25-79
REV. 19 (B-77)
COMMONWEAL TH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
BUREAU OF FIELD OPERATIONS
Post Office Box '1970
Harrisburg, Pennsylvania
17105
IN YOUR REPLY PLEASE
REFER TO
bove1 F. Lamberti
Acting' Di8trict Adminis1:ra'tor
1846 BZ'OOkwood Street
Harrisburg', PA 17105
July 25, 1979
Re: Estate of
File No:
County of
Date of Death:
Myra c. Esh
21-78-0253
CUlnberland
4/14/78
Dear Mr. Lamberti:
Enclosed you will find copy of a Protest and Decision of the Board
of Appeals, concerning the estate of the above n.aJr.ed decedent.
The Board of Appeals sustained the Petitioner's objection. Accordingly,
you are authorized to amend the record of this estate to conform with the
Order of the Board.
Very truly yours,
Robert L. Schrift
Section Supervisor
Inheritanoe Tax Control
Bureau of Field Operations
RIB s8ra
Enc1soru8s
ec: Richard E. Anderson, Reg'i8ter of Wills
REV-363 (6-78)
IN F~ F'ATAT!: OF t
COMMONWEALTH OF PENNSYLVANIA'
DEPARTMENT OF REVENUE
BOARD OF APPEALS
P.O. BOX 1874
HARRISBURG. PENNSYLVANIA 17105
Hyrill c. Esh
PETITIONERs
, Board Docket: No. 903388 INH
I File No. 21-79-0253
. County of CUmberland
'Revenue. Date ot Death. 4-14-78
~
.
t Date or AppraiselMntl 3-9-19
17105
t Date Protest :rilea. 4-17-79
~enneylvania Oeparta~t or
Bureau of Fittld Operations
P.o. Box 2970
Herri3burcr, Penn8y1vania
~ .
RI?PSmSJtMTA'l'XW .
William .R. MarK, Require
lIS East Kinq street I
ShiP9&naburq, Pennsylvania 17257
~amin.r. Jon S. Zeiders
Decision Mailinq oat..
FACTS
JUL 1 6 1979
1. The Petitioner, The Bureau of Pi.ld Operations within the
pennaylv..nia Oeparment of R~venue, ba. challenged the appraisement filed
11'1 the $ubject estate.
"
2. Pursu~nt to the provisions ot Section 1001 of the Inheritance
and E$tate Tax Act of 1~61, Petitioner protests the valuation of Bavin9S
hon~s rdglster~d in the joint nama a of the decerlent and various rela~ive8
.)l.,
at one-half or their full redemption value, $2,099.00.
3. Tho recor~ discloses that the aforementioned United StAtes
Sav1ng6 Bonds were k~pt in a 9ata deposit box registered in the 801.
n~me of the decedent.
.,<
DISCUSSION
The Petitioner, in this protest, has challenged the valuation or
savings honds at on~-h~lf their full redemption value or $2,089.00.
P~t1tloner contend~ that inAsnuch as these bond were kept 1n a safe
deposit box regiatered in the Bola nAQe of the decedent, they should
he taxable as to their full v.lue.
---
J '-
Myra C. Eah
Board Docket No. 903388
-2-
Pursuant to the dfJlcil!d.on of the Court in Be9'CJY Estat.e, 446 Pa. 166
(1971), it waa held that bonds in the joint names of decedent:. and his
brother, pureha..d wholly with t.he brotlMtr's funds, Were t'ully taxable
,
.
in the decedent's e8~.te beeaua. they were held in hi. s4fe deposit box,
ta whieh the brother did not have acc.... Sine. the instant bonda
1Iere kept. in the eole po.....ion of the deoed8ftt until she died, the
transfer of ownership of the bond. took place only after decedent'.
death and upon such trans reI" , the Board conclude. the ~nWtalth
1s properly enUtled to tax based On the full value of the bond...
ORD~ or THE BOARD
.l\ecordin91y, it: 1.8 hereby, Ordered that: t.h. protest
be sustained.
u. S. SaVings Bond., in the Xl41'lle of the dec'lltdent or varioWl persona,
list..d on Sehedule B, Itr& subject to Pennsylvania inheritance tax on
their tull date of dea~h value..
FOR TIm BOARD 01" APPF.ALS
C::) .! -}; (j _ ~
It '?f;/ LI 'YOflk/(c..
...
C-26-142-143
cmu:u de