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CARROLL v. BULLOCK

No. 12308.

530 S.W.2d 135 (1975)

J. Speed CARROLL, Individually and as Independent Executor under the Will of Mary D. Durning, Appellant, v. Bob BULLOCK, Comptroller of Public Accounts of the State of Texas, Appellee.

Court of Civil Appeals of Texas, Austin.

November 5, 1975.

Attorney(s) appearing for the Case

Frank N. Ikard, Jr., Clark, Thomas, Denius, Winters & Shapiro, Austin, for appellant.

John L. Hill, Atty. Gen., Catherine Belt Jacob, Asst. Atty. Gen., Austin, for appellee.

O'QUINN, Justice.

Stipulated facts in this case show that Mary D. Durning, a resident of Texas, died in May of 1972, leaving a will by terms of which she named J. Speed Carroll, her grandson and a resident of New York, the sole beneficiary and independent executor. Carroll filed an inheritance tax return with the Comptroller of Public Accounts of Texas showing no tax due. The Comptroller by tax statement advised Carroll that an inheritance tax, penalties and interest...

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