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POSNER v. COMPTROLLER

No. 563 September Term, 2007.

951 A.2d 112 (2008)

180 Md. App. 379

David B. POSNER, Personal Representative of the Estate of Rose B. Posner v. COMPTROLLER OF the TREASURY.

Court of Special Appeals of Maryland.

June 30, 2008.

Attorney(s) appearing for the Case

Peter E. Keith (Gallagher, Evelius & Jones, LLP, on the brief), Baltimore (Mark T. Willen, Summerfield, Willen, Silverberg & Limsky, PA, on the brief), Owings Mills, for Appellant.

John K. Barry (Douglas F. Gansler, Atty. Gen., on the brief), Annapolis, for Appellee.

Panel: KRAUSER, C.J., JAMES R. EYLER, and WRIGHT, JJ.

WRIGHT, Judge.

This appeal stems from a series of cases involving the estate of Rose B. Posner, the relevant issue being the ownership of a marital trust. In 1998, Rose B. Posner's estate paid both federal and Maryland estate taxes on the trust. In 1999, this Court concluded that the marital trust was not part of Rose Posner's estate, and therefore, the marital trust should not have been included on either tax return.1

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