Justices: No Inheritance Tax Refund in Case of 'Single Trust' Estate Plan
The justices affirmed an Appellate Division ruling holding that the entire value of the residence was subject to the inheritance task, and rejecting the estate's argument that it was entitled to a 50% refund of the tax it had paid.
February 10, 2020 at 04:36 PM
5 minute read
The New Jersey Supreme Court has rejected an estate's claim for a 50% refund of inheritance taxes paid on distribution of a trust.
Ruling in the case of Walter and Mary Van Riper, who placed their home in a single irrevocable trust, the justices said that taxes were properly imposed on the estate's full value only after the death of both spouses. The justices affirmed an Appellate Division ruling holding that the entire value of the residence was subject to the inheritance tax, rejecting the estate's argument that it was entitled to a 50% refund of the tax it had already paid.
No tax was paid after the death of Walter in 2007, but on Mary's death in 2013, taxes were paid on the entire $935,000 value of their home. The estate later filed a complaint with Tax Court, seeking a refund of the tax paid on Walter's half.
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