HANEY v. KITCHEN

No. 03-1522.

690 N.W.2d 675 (2005)

Peggy HANEY and Michelle Jared, Personal Representatives of the Estate of Sylvia Kitchen, Deceased, Appellants, v. Eallen KITCHEN, Appellee.

Supreme Court of Iowa.

January 7, 2005.


Attorney(s) appearing for the Case

Michael J. McCarthy of McCarthy, Lammers & Hines, Davenport, for appellants.

Rand S. Wonio and Troy A. Howell of Lane & Waterman, LLP, Davenport, for appellee.


WIGGINS, Justice.

The Estate of Sylvia Kitchen filed a claim against a previous executor, Eallen Kitchen, for Eallen's failure to file an amended inheritance tax return requesting a refund for overpayment of the inheritance tax. The district court concluded on the facts and circumstances of this case Eallen did not have a duty to make a claim for a refund. Because we conclude Eallen did not have a duty to file an amended return requesting a refund, we affirm its decision...

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