DIRECTOR OF REVENUE v. BARRY


391 A.2d 216 (1978)

DIRECTOR OF REVENUE, Respondent, Appellant, v. Robert C. and Vivian A. BARRY, his wife, and Michael Creus, Petitioners, Appellees.

Superior Court of Delaware, New Castle County.

Decided August 7, 1978.


Attorney(s) appearing for the Case

John P. Fedele, Asst. Atty. Gen., Wilmington, for respondent, appellant.

John E. Messick of Tunnell & Raysor, Georgetown, for petitioners, appellees.


TAYLOR, Judge.

The issue here is whether the Delaware Realty Transfer Tax is required to be paid with respect to an assignment of a lease covering single family residential property in Rehoboth Beach in which the lease covers a period of forty-six years. The transaction occurred on October 7, 1976 and the consideration paid was $55,000. The determination of the Director of Revenue assessing the Real Estate Transfer Tax was appealed to the Board which decided that...

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