47 A.2d 815 | Pa. | 1946
Argued May 27, 1946. This is an appeal from a transfer inheritance tax appraisement and assessment. The question is whether the assessment made on July 18, 1928, was a final assessment, which precluded the second assessment of February 28, 1945.
Testator died May 4, 1928. By his will he left a life estate to his widow, with power to consume the principal, with remainder to collaterals. The appraisement fixed the value of the assets at $13,276.07. A direct tax of 2% was assessed in the amount of $279.74. The life tenant died June 23, 1944. She had consumed but $156.65 of principal. Under date of February 28, 1945, a "supplemental" appraisement of "unconsumed" assets was made, upon which a tax was assessed at 10% less a credit for 2% previously paid. The hearing judge sustained the appeal and disallowed the tax. The appeal by the Commonwealth followed.
The prescribed statutory method of appraising assets and assessing a transfer inheritance tax was stated in detail by the Orphans' Court of Philadelphia County in Borie's Estate, 13 Pa. D. C. 355. That case has been cited with approval inCommonwealth v. Chamberlin Estate,
It is stated by the appraiser on the face of the present appraisement and assessment that the estate was "Taxable at 2%See Will". We agree with the finding of fact and conclusion of law of the learned court below that this was a final
appraisement and assessment and was intended so to be. The mistake of judgment by the Commonwealth in its appraisement and assessment of 1928 was the failure to appraise the value of the life estate and to assess a transfer inheritance tax of 2% thereon: Davis's Estate,
The decree of the court below is affirmed at appellant's cost. *543