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STATE, INDIANA STATE DEPT. OF REV. v. DAVIES

No. 3-880A238.

421 N.E.2d 688 (1981)

STATE of INDIANA, Indiana State Department of Revenue and Indiana State Board of Tax Commissioners, Appellants (Defendants below), v. Carrie K. DAVIES and Joseph N. Thomas, Co-Executors of the Estate of Harry S. Davies, Deceased, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

June 10, 1981.

Attorney(s) appearing for the Case

Linley E. Pearson, Atty. Gen., Herbert L. Allison, Deputy Atty. Gen., Indianapolis, for appellants (defendants below).

Gerald K. Hrebec, Fred M. Cuppy and George W. Carberry, Thomas, Burke, Dyerly & Cuppy, Merrillville, for appellees (plaintiffs below).

HOFFMAN, Presiding Judge.

On July 7, 1976 the Probate Court of Marion County rendered judgment against the State of Indiana and the Department of Revenue in favor of the plaintiffs in the amount of $34,588.19. That case arose out of a denial of an inheritance tax refund and the Department appealed the trial court's decision. The Indiana Court of Appeals affirmed the judgment (State v. Davies (1978), Ind. App., 379 N.E.2d 501

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