Opinion
October 1, 1936.
November 23, 1936.
Taxation — Inheritance tax — Cash from personal estate applied on account of mortgage.
Where a decedent's estate included real estate which was subject to a mortgage and the executor on demand of the mortgagee took cash from the personal estate and paid it on account of the mortgage, the asset of the estate thus paid was properly assessed for inheritance tax, either as added equity on the real estate above the mortgage or as personalty.
Before KEPHART, C. J., SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 147, March T., 1936, by executrix, from decree of O. C. Allegheny Co., Aug. T., 1935, No. 99, in Estate of Mayer Esman, deceased. Decree affirmed.
Audit of account of executrix. Before TRIMBLE, P. J.
The opinion of the Supreme Court states the facts.
Adjudication filed allowing claims for inheritance taxes. Exceptions to adjudication dismissed, before TRIMBLE, P. J., MITCHELL and CHALFANT, JJ., opinion by TRIMBLE, P. J., and final decree entered. Executrix appealed.
Error assigned, among others, was final decree.
Maurice L. Avner, for appellant.
Louis Rosenberg, Special Deputy Attorney General, with him Charles J. Margiotti, Attorney General, and E. Russell Shockley, Deputy Attorney General, for appellee.
Argued October 1, 1936.
Appellant complains that the decedent's estate has been subjected to a greater amount of inheritance taxes than it should pay. Among the assets of the estate was real estate appraised at $48,000. It was subject to a mortgage of $35,000. The equity for taxation was fixed at $13,000. The executor on demand of the mortgagee took $10,449.17 from the personal estate and paid it on account of the mortgage. It is now claimed that the Commonwealth cannot tax the asset of the estate thus paid, which the court below, saying it did not understand the argument presented by appellant, permitted the Commonwealth to do. Either as added equity on the real estate or as personalty, this asset was taxable. It has not been taxed twice.
The decree is affirmed.