Indiana Department of State Revenue v. Short
Indiana Department of State Revenue v. Short
Opinion of the Court
John E. Short, late of Starke County, Indiana, died intestate on October 22, 1953, leaving
Our inheritance tax law provides that’: “The tax imposed hereby shall be upon the market value of such property or interest and at the following rates: Class A. (Which includes a widow who inherits from her. deceased husband). 1% not exceeding $25,000 in value. 2% over $25,000 and not exceeding $50,000 in value. 3% over $50,000 and not exceeding $200,000 in value. . . .” Sec. 7-2402, Burns’ 1953 Replacement.
In reference to exemptions, §7-2403, Burns’ 1953 Replacement provides that “Transfers to a wife shall be taxable only to the extent that the value of the property so transferred exceeds fifteen thousand dollars ($15,000), . . . The foregoing exemptions shall
It seems clear to us that these two sections of the statute, when read together and applied to the present facts, mean that where a man dies and leaves his widow property valued at $95,188.98 her inheritance, for tax purposes, shall be considered to be $80,188.98. Of this $10,000 is taxable at one percent, $25,000 at two percent and $45,188.98 at three percent. On this basis the court’s computation of the tax is erroneous. It should be noted however that the court, in its order' fixing the value of the property “transferred” to Orpha M. Short by reason of her husband’s death, erroneously added the figures constituting the total gross value of the estate. The correct figure is $87,278.93 instead of $98,194.72 from which claims, debts, costs, etc. in the sum of $13,921.53 should be deducted leaving the total net value of the estate at $73,357.40. To this is added the value of transfers “outside” the estate in the sum of $10,915.79 making the grand total of Orpha M. Short’s inheritance $84,273.19 instead of $95,188.98 as shown in the court’s order.
The order of the court fixing the tax due on Orpha M. Short’s inheritance is hereby vacated and the matter remanded with instructions to determine the same in a manner consistent with this opinion.
Note. — Reported in 131 N. E. 2d 154.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.