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IN RE JOHN WILDE AND JOSEPHINE WILDE TRUST

No. 39 C.D. 2021.

303 A.3d 902 (2023)

IN RE: The JOHN WILDE AND JOSEPHINE A. WILDE INCOME ONLY PROTECTOR TRUST Appeal of: Francis H. Musheno, III.

Commonwealth Court of Pennsylvania.

Decided October 19, 2023.

Attorney(s) appearing for the Case

Landon R. Hodges , Williamsport, for Appellant.

Julie Negovan , Philadelphia, for Appellee Commonwealth of Pennsylvania, Department of Revenue.

BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge, HONORABLE PATRICIA A. McCULLOUGH, Judge, HONORABLE ANNE E. COVEY, Judge, HONORABLE MICHAEL H. WOJCIK, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge, HONORABLE LORI A. DUMAS, Judge, HONORABLE STACY WALLACE, Judge.

OPINION BY Judge STACY WALLACE

Francis H. Musheno, III (Musheno) appeals from the December 15, 2020 decree of the Court of Common Pleas of Lycoming County (Common Pleas), which concluded the John Wilde and Josephine A. Wilde Income Only Protector Trust (Trust) was subject to tax under the Inheritance and Estate Tax Act (Act)1 after the death of John Wilde (Husband) but before the death of Josephine A. Wilde (Wife) (collectively...

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