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IN RE ESTATE OF BURKHARDT

No. 72-058.

511 P.2d 514 (1973)

In the Matter of the ESTATE of Harry Alton BURKHARDT, a/k/a Harry A. Burkhardt, Deceased. PEOPLE of the State of Colorado ex rel. Duke W. DUNBAR, Attorney General, Petitioner-Appellant, v. Richard Harry BURKHARDT, personally, and as Executor of the Estate of Harry Alton Burkhardt, a/k/a Harry A. Burkhardt, Deceased, Respondent-Appellee.

Colorado Court of Appeals, Div. I.

Rehearing Denied April 17, 1973.

Certiorari Denied July 9, 1973.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Lon J. Putnam, Asst. Atty. Gen., Denver, for petitioner-appellant.

Harry A. King, Denver, for respondent-appellee.

Selected for Official Publication.

COYTE, Judge.

This is an appeal from a judgment of the Probate Court reversing a determination of the Colorado inheritance tax commissioner. The facts are undisputed and are as follows: The decedent, Harry Alton Burkhardt, died June 29, 1968. The executor of decedent's estate, in order to receive a statutory five percent discount on taxes due, made a payment on the state inheritance...

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