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ESTATE OF SCHERFFIUS

No. 326.

62 Wis.2d 687 (1974)

215 N.W.2d 547

ESTATE OF SCHERFFIUS: DEPARTMENT OF TAXATION and another, Respondents, v. SCHERFFIUS, Executor, Appellant.

Supreme Court of Wisconsin.

Decided March 18, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by Godfrey & Kahn, S. C., attorneys, and John M. Byers and James Ward Rector, Sr., of counsel, all of Milwaukee, and oral argument by Mr. Rector.

For the respondent the cause was argued by Sverre O. Tinglum, assistant attorney general, with whom on the brief was Robert W. Warren, attorney general, and Neal E. Schmidt, inheritance tax counsel.

HEFFERNAN, J.

Under the stipulated facts, the question posed is whether the tax is to be finally determined under sec. 72.15 (5), Stats. 1965,1 as contended by the state, or is subject to recomputation under sec. 72.15 (8), Stats. 1965,2 as urged by the executor.

It should be emphasized that, since the date of the testator's death in 1965, the inheritance...

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