MATTER OF ESTATE OF NEISS


126 Pa.Commw. 572 (1989)

560 A.2d 842

In the Matter of the ESTATE OF Rosalie K. NEISS. Appeal of COMMONWEALTH of Pennsylvania, DEPARTMENT OF REVENUE, Appellant.

Commonwealth Court of Pennsylvania.

Decided June 13, 1989.


Attorney(s) appearing for the Case

Arthur F. McNulty, Asst. Counsel, Harrisburg, for appellant.

Lloyd R. Persun, Shearer, Mette, Evans & Woodside, Harrisburg, for appellee.

Before CRAIG and McGINLEY, (P.), JJ., and NARICK, Senior Judge.


CRAIG, Judge.

The Department of Revenue appeals a decision of Judge Lee F. Swope of the Court of Common Pleas of Dauphin County which set aside an order of the department's Board of Finance and Revenue and directed the board to pay a refund of transfer inheritance tax to the estate of Rosalie K. Neiss.

Rosalie K. Baldwin, the executrix of the Neiss estate, filed a Taxpayer Inheritance Tax Return with the Dauphin County Register of Wills on May 23, 1986. That...

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