IN RE ESTATE OF ROBERTS

No. 00-2138.

94 Ohio St.3d 311 (2002)

IN RE ESTATE OF ROBERTS.

Supreme Court of Ohio.

Decided February 27, 2002.


Attorney(s) appearing for the Case

McCulloch, Felger, Fite & Gutmann Co., L.P.A., and William B. McNeil, for appellant, estate of Robert Lawrence Roberts.

Betty D. Montgomery, Attorney General, and Barbara L. Barber, Assistant Attorney General, for appellee, Thomas M. Zaino, Tax Commissioner of Ohio.


COOK, J.

R.C. 5731.09(A) exempts from estate tax the value of an annuity (or similar payment to a surviving beneficiary) attributable to contributions by a decedent's former employer to an employee's trust or fund. This case asks whether the exemption applies even when the decedent has transferred funds from an employee retirement account to an individual retirement account ("IRA") to which the employer has not directly contributed. For the reasons that...

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