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Tax court affirms classification of beneficiaries

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A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.

Tax Court Senior Judge Thomas Fisher affirmed the probate court ruling in Geoffrey Odle, Personal Representative of the Estate of Floyd L. Odle, Deceased v. Indiana Dept. of State Revenue, 49T10-1210-TA-61, in which the beneficiaries are nephews, great-nieces and great-nephews. Floyd Odle and his late wife had no children, according to the record.

The estate paid inheritance taxes with beneficiaries classified as Class B or Class C transferees, but then filed a refund claim with the Department of Revenue, arguing the beneficiaries should have been classified as Class A transferees. The claim was denied the same day and later affirmed by a probate court.

Fisher rejected the estate’s argument that Indiana’s inheritance tax, which will be eliminated July 1, was a scheme that violated Article 1, Section 12 and Article 4, Section 22 of the Indiana Constitution.

"The Estate has not demonstrated that the inheritance tax classification scheme violates Section 12 by imposing inequitable administration costs and remedies," Fisher wrote. The estate also failed to establish the tax classification statutes were “special laws” on taxation in violation of Section 22.

"For the above-stated reasons, the Court affirms the probate court’s determination that Floyd’s beneficiaries were properly classified as Class B and C transferees for Indiana inheritance tax purposes."

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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