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STATE, DEPT. OF REVENUE, ETC. v. GEORGE

No. 3-978A245.

388 N.E.2d 600 (1979)

STATE of Indiana, Indiana Department of Revenue, Inheritance Tax Division, Appellant (Petitioner below), v. Elsie K. GEORGE, Sole Heir of the Estate of Herman Goepp, Appellee (Respondent below).

Court of Appeals of Indiana, Third District.

April 26, 1979.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Susan Bowron White, Deputy Atty. Gen., Indianapolis, for appellant.

John R. Nesbitt, Nesbitt, Fisher, Daugherty & Nesbitt, Rensselaer, for appellee.

STATON, Judge.

Before determining the value of the estate of Herman Goepp, which was inherited by Elsie K. George, the trial court allowed George to exclude fifty percent (50%) of the value of properties she held jointly with Goepp. Inheritance tax was assessed accordingly. The State's Inheritance Tax Division appeals, claiming that George failed to prove that fifty percent (50%) of the value of the properties originally belonged to her and never to Goepp.

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