STOVALL v. DEPARTMENT OF REVENUE

No. 12751.

527 P.2d 62 (1974)

Margaret STOVALL, Plaintiff and Respondent, v. DEPARTMENT OF REVENUE of the State of Montana et al., Defendants and Appellants.

Supreme Court of Montana.

Decided October 10, 1974.


Attorney(s) appearing for the Case

Terence B. Cosgrove (argued), Helena, for defendants and appellants.

Jack W. Burnett (argued), Billings, for plaintiff and respondent.


JAMES T. HARRISON, Chief Justice.

This is an appeal from an order of the district court of Yellowstone County requiring the Department of Revenue of the State of Montana to refund to the plaintiff certain inheritance taxes paid upon the estate of her husband.

The sole issue is a legal question: Must a widow who renounces the provisions of her husband's will and exercises her statutory right of dower pay any Montana inheritance tax on the property she receives...

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