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IN THE MATTER OF ESTATE OF WISELY

No. 2-1278A430.

402 N.E.2d 14 (1980)

In the matter of the Estate of Harold M. Wisely, Deceased. Mary Dorothy Wisely, Executrix.

Court of Appeals of Indiana, Second District.

Rehearing Denied April 30, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., Wallace T. Gray, Deputy Atty. Gen., Indianapolis, for appellant.

Stephen W. Terry, Jr., Thomas M. Lofton and Mary K. Lisher, Baker & Daniels, Indianapolis, for appellee.

SHIELDS, Judge.

Appellant Indiana Department of State Revenue, Inheritance Tax Division (Department) appeals a judgment dismissing with prejudice its Petition for Rehearing, Reappraisement and Redetermination of Inheritance and Transfer Tax. The Department urges as error the trial court's conclusion of law:

Since I.C. 29-1-6-4(c) expressly provides that a renunciation relates back for all purposes to the date of death of the decedent there is, on a matter...

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