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IN RE ESTATE OF WAGNER

Docket No. 184724.

568 N.W.2d 693 (1997)

224 Mich. App. 400

In re ESTATE OF Nell M. WAGNER, Deceased. George L. WAGNER, as personal representative of the Estate of Nell M. Wagner, Petitioner-Appellee, v. DEPARTMENT OF TREASURY, Respondent-Appellant.

Court of Appeals of Michigan.

Decided July 8, 1997, at 9:10 a.m.

Released for Publication October 1, 1997.

Attorney(s) appearing for the Case

Learman, Peters, Sarow & McQuillan, P.L.C. by Robert D. Sarow, Bay City, for George L. Wagner.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, and Jack Van Coevering, Assistant Attorney General, for Dept. of Treasury.

Before FITZGERALD, P.J., and MacKENZIE and A.P. HATHAWAY, JJ.

AFTER REMAND

PER CURIAM.

Respondent appeals as of right from an order denying petitioner's petition for redetermination of inheritance taxes, but waiving all penalty charges incurred in failing to timely pay the taxes. We affirm.

Respondent argues that the probate court exceeded its jurisdiction when it waived the penalties assessed by respondent. We disagree. M.C.L. § 205.204(2); M.S.A. § 7.565(2) authorizes respondent to waive penalties...

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