IN RE ESTATE OF PHILLIPS

No. 45586.

92 Wn.2d 362 (1979)

597 P.2d 1358

In the Matter of the Estate of BENJAMIN N. PHILLIPS.

The Supreme Court of Washington, En Banc.

July 26, 1979.


Attorney(s) appearing for the Case

Slade Gorton, Attorney General, and William B. Collins, Assistant, for appellant.

Davis, Wright, Todd, Riese & Jones, by Steven W. Andreasen and Malcolm A. Moore, for respondent.


ROSELLINI, J.

This appeal is taken from an order in probate by which it was ruled that, under RCW 83.16.010, the income tax liability of a recipient of an asset which constitutes income in respect of a decedent under section 691 of the Internal Revenue Code is properly deductible from the market value of the asset in determining its value for inheritance tax purposes. We reverse.

In March 1973, Benjamin N. Phillips entered into a contract for the sale of certain...

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