10.3
Appeal from Register and
Petition for Citation to Show Cause why
Appeal from Notice of Appraisement Should Not Be Sustained

 
 
 
Appeal From Register of Wills
 
 
 
 
 
 

[SEE CAPTION AT 1.3.1]

 
 

DECREE

 
 

Now,___________________, 20____, upon consideration of the annexed Petition, it is hereby ORDERED and DECREED that a Citation is awarded, directed to the Pennsylvania Department of Revenue, Office of Chief Counsel, Department 281061, Harrisburg, PA 17128-1061, to show cause why the Appeal of Jane R. Dunn, Executrix of the Will of Joseph B. Dunn, Deceased from the Notice of Appraisement of Pennsylvania Inheritance Tax dated January 15, 2002, should not be sustained.

 

This Citation is returnable sec. leg.

 
 
 
   
 
J.
 
 
 
 
 
 
[SEE CAPTION AT 1.3.2]
 
 

PETITION

 
 

The Petition of Jane R. Dunn respectfully states that:

 
1.

Joseph B. Dunn died on January 30, 2001, a resident of Philadelphia, Pennsylvania. Letters Testamentary were issued to Petitioner as Executrix by the Register of Wills of Philadelphia County on February 6, 2001 as Will No. 123 of 2001.

 
2.

Your Petitioner filed the Pennsylvania Inheritance Tax Return in the Office of the Register of Wills of Philadelphia County on October 25, 2001. A copy of the return is attached hereto as Exhibit "A." The Department of Revenue identifies this estate as File No. 51 01 W0123.

     
3.

Included on the Inheritance Tax Return at Schedule C, Item 1 was the decedent's holding of 100 shares of Dunn Enough, Inc. (a closely held Pennsylvania corporation) at a value of $125.00 per share.

     
4.

On January 15, 2002 the Pennsylvania Department of Revenue issued the "Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax," a copy of which is attached hereto as Exhibit "B."

     
5.

The Notice of Appraisement issued by the Department of Revenue valued shares of Dunn Enough, Inc. at $200.00 per share.

     
6.
   On February 20, 2002 your Petitioner in conformity with Rule 10.2.E filed an appeal from the Notice of Appraisement with the Register of Wills on the form supplied by the Register not for the purpose of delay but because she believed the Department of Revenue incorrectly valued shares of Dunn Enough, Inc. A copy of the appeal is attached hereto as Exhibit "C." The record of the appeal filed with the Register has been duly certified to this Court.
   
7.
   Your Petitioner suggests that the Department of Revenue erred in appraising shares of Dunn Enough, Inc. at $200.00 per share for Inheritance Tax purposes for the following reasons:
   
 

a.

the valuation does not reflect the true "value" of the shares as this term is defined in Section 9102 of the Inheritance and Estate Tax Act (72 P.S. §9102);

     
    b. the valuation is inequitable and unreasonable in that it fails to recognize the binding effect of a "Buy-Sell Agreement" dated November 14, 1997 entered into by the decedent and the corporation requiring the personal representative of the decedent's estate to sell the shares to the corporation at a price of $125.00 per share.
 

Wherefore, Petitioner respectfully requests that a citation be awarded, directed to the Pennsylvania Department of Revenue, Office of Chief Counsel (Department 281061, Harrisburg, PA 17128-1061), to show cause why the appeal of your Petitioner from the Notice of Appraisement of Inheritance Tax dated January 25, 2002 in the Estate of Joseph B. Dunn, Deceased should not be sustained.

 
 
 
   
 

Jane R. Dunn, Executrix of the Will
of Joseph B. Dunn, Deceased

 
 
 

[SEE AFFIDAVIT AT 1.4.1 OR VERIFICATION AT 1.4.3]