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DEPT. OF REVENUE v. ESTATE OF DAUGHERTY

No. 49T10-0909-TA-49.

938 N.E.2d 315 (2010)

INDIANA DEPARTMENT OF STATE REVENUE, INHERITANCE TAX DIVISION, Appellant/Cross-Appellee, v. In re ESTATE OF Bernard A. DAUGHERTY, Deceased, Appellee/Cross-Appellant.

Tax Court of Indiana.

December 7, 2010.

Attorney(s) appearing for the Case

Gregory F. Zoeller , Attorney General of Indiana, Kristen M. Kemp , Nancy M. Hauptman , Deputy Attorneys General, Indianapolis, IN, Attorneys for Appellant/Cross-Appellee.

Jeffrey B. Kolb , Emison Doolittle Kolb & Roellgen LLP, Vincennes, IN, Attorney for Appellee/Cross-Appellant.

FISHER, J.

The Indiana Department of State Revenue, Inheritance Tax Division (Department) appeals the Knox Circuit Court's (probate court) order determining the inheritance tax liability of the Estate of Bernard A. Daugherty (Estate). The Estate has filed a cross-appeal. These appeals present three issues for the Court's review:

I. Whether the probate court erred in denying the Estate's motion to dismiss; II. Whether the probate court's conclusion...

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