STATE DEPT. OF REV., INHER. TAX D. v. ESTATE OF POWELL

No. 1-375A51.

333 N.E.2d 92 (1975)

STATE of Indiana Department of Revenue, Inheritance Tax Division, Appellant (Plaintiff below), v. The ESTATE OF Russell W. POWELL, Deceased, Eileen A. Powell, Executrix, Appellee (Defendant below), National Automatic Tool Company, Inc., Amicus Curiae.

Court of Appeals of Indiana, First District.

August 26, 1975.


Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Peter C. Americanos, Deputy Atty. Gen., Indianapolis, for appellant.

Reller, Mendenhall, Kleinknecht & Milligan, Richmond, for appellee.

Barnes, Hickam, Pantzer & Boyd, Indianapolis, for amicus curiae.


LOWDERMILK, Judge.

This is an appeal from the final judgment of the Wayne Circuit Court that the executrix, Eileen A. Powell, pay no Indiana inheritance tax on money received by her following the death of her husband.

FACTS

Russell Powell (Powell) entered the employ of National Automatic Tool Company, Inc. (NATCO) in May, 1955. Prior to his employment, NATCO established a "Salaried Employees Supplementary Pension Plan B" (Plan), and Powell became...

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