McCONIHE v. COMPTROLLER OF TREASURY

[No. 180, September Term, 1966.]

246 Md. 271 (1967)

228 A.2d 432

McCONIHE, ET AL. v. COMPTROLLER OF THE TREASURY, ET AL.

Court of Appeals of Maryland.

Decided April 10, 1967.


Attorney(s) appearing for the Case

David Huddle, with whom were King & Nordlinger on the brief, for appellants.

Thomas A. Garland, Assistant Attorney General, with whom was Thomas B. Finan, Attorney General, on the brief, for appellees.

The cause was argued before HAMMOND, C.J., and HORNEY, MARBURY, BARNES and McWILLIAMS, JJ.


MARBURY, J., delivered the majority opinion of the Court. BARNES, J., dissents. Dissenting opinion at p. 279, infra.

This is an appeal from an order of the Circuit Court for Montgomery County, Judge Anderson presiding, in which the court affirmed the upholding by the Maryland Tax Court of a twenty-five per cent penalty for delayed administration assessed by the register of wills for Montgomery County.

The undisputed facts are as follows: Malcolm S....

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