Matter of Estate of Gossman

1996 SD 124, 555 N.W.2d 102, 1996 S.D. LEXIS 131
CourtSouth Dakota Supreme Court
DecidedOctober 16, 1996
DocketNone
StatusPublished
Cited by32 cases

This text of 1996 SD 124 (Matter of Estate of Gossman) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Estate of Gossman, 1996 SD 124, 555 N.W.2d 102, 1996 S.D. LEXIS 131 (S.D. 1996).

Opinion

GILBERTSON, Justice.

[¶ 1] This is an appeal by the South Dakota Department of Revenue (DOR) from the circuit court’s order determining Barbara Goss-man is entitled to inheritance tax status under SDCL 10-40-21(3), and holding that the phrase “wife of a son” within that statute encompasses the divorced wife of a decedent’s son. We reverse and remand with instruction.

FACTS AND PROCEDURE

[¶ 2] Nellie Gossman died testate on June 12,1995. She had executed a will on October 14, 1992, leaving property to Barbara Goss-man valued at $64,437.26. At the time Nellie’s will was executed, and at the time of Nellie’s death, Barbara Gossman was divorced from Nellie’s son, Doyle. Nellie was aware of this fact, and referred to Barbara in Article II of the will as “my daughter-in-law ... previously married to my son, Doyle Gossman and now divorced.” All but one of Nellie’s grandchildren and great grandchildren are issue of the marriage of Doyle and Barbara. Following Doyle and Barbara’s divorce, Nellie and Barbara continued to maintain a close and caring relationship.

[¶3] However, Nellie’s estate passed by survivorship and none passed by the terms of her will. Barbara’s share was the result of *104 various joint account certificates of deposit and other accounts established by Nellie pri- or to Doyle and Barbara’s divorce. The estate of Nellie Gossman (Estate) filed its inheritance tax report August 25, 1995. In that report, Barbara was classified by the Estate as a Table 3 beneficiary, 1 pursuant to SDCL 10-40-21(3). Her inheritance tax owed was calculated under Table 3 to be $6,264.61. DOR performed an audit of the report and reclassified Barbara as a Table 5 beneficiary, 2 pursuant to SDCL 10-40-21(5). Her inheritance tax owed was calculated under Table 5 to be $9,451.09. The Department asserted this tax was appropriate as it determined Barbara was a “stranger in blood” under SDCL 10-40-21(5) rather than the “wife of a son” under SDCL 10-40-21(3).

[¶ 4] The matter was brought to a hearing before the circuit court and arguments were presented on the legal status of Barbara Gossman under the inheritance tax statutes. The circuit court determined Barbara was “a wife of a son” of Nellie Gossman and ordered her to pay inheritance tax in the amount of $6,264.61 based on the Table 3 rates. DOR appeals.

ANALYSIS AND DECISION

[¶ 5] DOR raises two issues which we combine into one that presents a question of first impression for this Court. That is, whether the phrase “wife of a son” within SDCL 10-40-21(3) is to be interpreted as encompassing in its definition a person who, at the time of a decedent’s death, is divorced from a decedent’s son?

[¶ 6] Statutory interpretation involves questions of law for the circuit court and, as such, our review of such matters is de novo. Sioux Valley Hosp. Ass’n v. State, 519 N.W.2d 334, 335 (S.D.1994); King v. John Hancock Mut. Life Ins. Co., 500 N.W.2d 619, 621 (S.D.1993). We have previously stated that “[a]s a general rule, statutes which impose taxes are to be construed liberally in favor of the taxpayer and strictly against the taxing body. Ambiguities in a statute imposing a tax are interpreted in favor of the taxpayer.” Nash Finch Co. v. South Dakota Dep’t of Revenue, 312 N.W.2d 470, 472 (S.D.1981) (citations omitted). 3 However, this Court “must assume that the legislature meant what the statute says and therefore give its words and phrases a plain meaning and effect.” Nilson v. Clay County, 534 N.W.2d 598, 601 (S.D.1995). SDCL 2-14-1 provides that when construing and giving effect to our statutes, “[wjords used are to be understood in their ordinary sense....” When a statute does not define a term, it should be construed according to its accepted usage, and a strained, unpractical or absurd result should be avoided. Nelson v. South Dakota State Bd. of Dentistry, 464 N.W.2d 621, 624 (S.D.1991).

[¶ 7] With the above in mind, we proceed to an examination of the statute itself. SDCL 10-4-21 provides, in pertinent part:

*105 When property or any beneficial interest in such property passes by a transfer subject to taxation under this chapter and the property exceeds the value of the exemption specified in § 10-4-23 and does not exceed in value fifteen thousand dollars, the tax hereby imposed is:
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(3) Four percent of the clear value of such interest in such property if the person entitled to any beneficial interest in such property is a brother or sister or a descendant of a brother or sister of the decedent, a wife or widow of a son, or the husband or widower of a daughter of the decedent....;
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(5) Six percent of the clear value of such interest in such property if the person entitled to any beneficial interest in such property is in any other degree of collateral consanguinity than is herein-before stated, or is a stranger in blood to the decedent, or is a body politic or corporate....[.]

(emphasis added). SDCL 10-44-61 provides that inheritance taxes imposed by our statutes “shall take effect and accrue upon the death of the decedent,” thereby fixing the date we must use in interpreting Barbara’s status for inheritance tax purposes as the date of Nellie’s death. It is undisputed Barbara Gossman was divorced from Nellie’s son, Doyle, at this date.

[¶ 8] In In re Estate of May, 331 N.W.2d 578

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Bluebook (online)
1996 SD 124, 555 N.W.2d 102, 1996 S.D. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-estate-of-gossman-sd-1996.