WASHINGTON PORTER II AND FREDERICK C. PORTER, Executors of THE ESTATE OF WASHINGTON PORTER, Deceased, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The executors of Washington Porter's estate sought a refund of inheritance tax erroneously paid. The court found an overpayment of $21,698.08 and awarded that amount, with the Attorney General consenting.
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Headnotes
- INHERITANCE TAX-when refund for overpayment will be made. Where
The claimants, Washington Porter II and Frederick C. Porter, executors of the estate of Washington Porter, claim a refund of inheritance tax erroneously paid on an erroneous original order entered by the county judge of the county court of Cook county, Illinois.
Washington Porter died June 24, 1922, leaving a last will and testament. The claimants were duly appointed executors of such will and testament, and as such duly qualified and are acting as such executors. Thereafter proper proceedings were had in such court and the county judge in December, 1922, entered an order fixing amount of inheritance tax at $68,611.78 which was paid. On appeal in due time the county court modified the order so entered and found and fixed the actual amount to be paid at $48,483.11, being amount to be paid after deducting the 5% discount.
From this it appears that the executors erroneously paid more than was due the State to-wit: The difference between $65,181.19 and $48,483.11 equals $21,698.08. The Attorney General files a written consent to the allowance of said difference above mentioned, and that 3% should be paid as alleged in declaration. The evidence supports the claimants' claim.
It is therefore the order of the court that claimants be awarded the sum of $21,698.08.