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IND. DEPT. STATE REV. v. ESTATE OF PICKERILL

No. 49T10-0602-TA-17.

855 N.E.2d 1082 (2006)

INDIANA DEPARTMENT OF STATE REVENUE, Inheritance Tax Division, Appellant, v. In the Matter of the ESTATE OF James M. PICKERILL, Deceased, Appellee.

Tax Court of Indiana.

November 1, 2006.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, Jennifer E. Gauger, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellant.

Jerome L. Withered, Withered Burns & Persin, LLP, Lafayette, IN, Attorney for Appellee.

FISHER, J.

The Indiana Department of State Revenue, Inheritance Tax Division (Department) appeals the Tippecanoe Circuit Court's (probate court) order determining the Estate of James M. Pickerill's (Estate) Indiana inheritance tax liability. The issue before this Court is whether the probate court erred in determining that the Estate's inheritance tax liability was to be calculated according to the distribution set forth in a family settlement agreement as opposed...

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