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IN RE ESTATE OF MALLOY

No. A-06-178.

736 N.W.2d 399 (2007)

15 Neb. App. 755

In re Estate of Thomas Joseph MALLOY, Deceased. State of Nebraska, appellee, v. Thomas A. Welsh, appellant.

Court of Appeals of Nebraska.

July 17, 2007.

Attorney(s) appearing for the Case

James D. Gotschall and Andrew J. Hoffman, of Strope, Krotter & Gotschall, P.C., O'Neill, for appellant.

Thomas P. Herzog, Holt County Attorney, O'Neill, for appellee.

INBODY, Chief Judge, and SIEVERS and CASSEL, Judges.

SIEVERS, Judge.

Thomas Joseph Malloy died on June 19, 2003, and he devised a substantial amount of his estate to his nephew, Thomas A. Welsh. As part of an amended petition for determination of inheritance tax, although Welsh would ordinarily be subject to taxation in accordance with Neb.Rev.Stat. § 77-2005 (Reissue 2003), Welsh sought to be taxed at the lower rate provided for in Neb.Rev.Stat. § 77-2004 (Reissue 2003), claiming that Malloy, for not less...

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