NCNB NAT. BANK OF NORTH CAROLINA v. POWERS

No. 8626SC173.

347 S.E.2d 77 (1986)

NCNB NATIONAL BANK OF NORTH CAROLINA, Trustee Under Trust Agreement of Louise S. Foley Dated March 2, 1967 v. Helen A. POWERS, North Carolina Secretary of Revenue.

Court of Appeals of North Carolina.

August 19, 1986.


Attorney(s) appearing for the Case

Robinson, Bradshaw & Hinson, P.A. by Edwin F. Lucas III, Charlotte, for plaintiff-appellee.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Marilyn R. Mudge, Raleigh, for defendant-appellant.


BECTON, Judge.

North Carolina Secretary of Revenue Helen A. Powers appeals from a trial court judgment ordering an intangibles tax refund to NCNB National Bank of North Carolina as trustee under the trust agreement of Mrs. Louise S. Foley. We reverse the judgment of the trial court.

The only issue on appeal is whether a trust administered by a North Carolina trustee, with both resident and nonresident beneficiaries, is entirely exempt from taxation on intangible...

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