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ESTATE OF EBERBACH v. STATE, DEPT. OF REVENUE

No. 02T05-8607-TA-00005.

512 N.E.2d 902 (1987)

In re ESTATE OF Andrea B. EBERBACH, Petitioner, v. STATE OF INDIANA, Department of Revenue, Respondent.

Tax Court of Indiana.

April 24, 1987.

Attorney(s) appearing for the Case

James Koday, Barrett & McNagny, Fort Wayne, for petitioner.

Linley E. Pearson, Atty. Gen., by James R. Green, Deputy Atty. Gen., Indianapolis, for respondent.

STATEMENT OF THE CASE

FISHER, Judge.

This is an appeal from a determination of the Indiana Department of Revenue (Department) denying the claim for refund filed by Petitioner, Estate of Andrea B. Eberbach (Estate). The facts as stated below are undisputed and each party has filed a motion for summary judgment asserting that based on the facts each is entitled to judgment as a matter of law.

The facts are as follows:

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