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ESTATE OF DIELEMAN v. DEPARTMENT OF REVENUE

No. 2-57046.

222 N.W.2d 459 (1974)

In the Matter of the ESTATE of Gerald Eugene DIELEMAN v. DEPARTMENT OF REVENUE, State of Iowa, Appellant.

Supreme Court of Iowa.

October 16, 1974.

Attorney(s) appearing for the Case

Richard C. Turner, Atty. Gen., George W. Murray, Special Asst. Atty. Gen., and Harry M. Griger, Asst. Atty. Gen., for appellant.

Hammer, Matthias, Tyler & Levin, of Newton, for appellee.

Heard by MOORE, C. J., and MASON, RAWLINGS, LeGRAND and REYNOLDSON, JJ.

REYNOLDSON, Justice.

This decedent was killed in a two-truck collision on February 3, 1972. He was survived by a wife and two minor children. An action for his wrongful death was compromised and settled for $117,166. The administrator brought this application in the probate proceeding, seeking an adjudication these proceeds were not subject to Iowa inheritance tax. The application was resisted by the Department of Revenue. Trial court held the wrongful death proceeds...

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