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MATTER OF ESTATE OF WINTER

No. 86-332.

734 P.2d 178 (1987)

In the Matter of the ESTATE OF James J. WINTER.

Supreme Court of Montana.

Decided March 5, 1987.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Clay R. Smith, Asst. Atty. Gen., Helena, for appellant.

William M. Kebe, Jr., Butte, for respondent.

HUNT, Justice.

The Montana Department of Revenue (DOR) appeals the order of the District Court, Second Judicial District, County of Silver Bow, determining the amount of inheritance tax computed upon the estate of James Winter, deceased.

We reverse.

DOR raises two issues on appeal:

1. Whether DOR is barred from issuing an amended certificate of inheritance tax by § 72-16-402, MCA, laches or estoppel...

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