Show l IN INI I THOMPSON TAX lAX Heirs Will Not Have Hav toi to i Pay on Stock Is Rule Heirs or of tho late Ezra Thompson I mining mining- man who died in h n April 1923 will not have to p pay tax o on tock stock valued d at itt t early early- transferred t to them thema a n 1917 the supreme court ruled Saturday in a decision handed down do on n an appeal from the district court ourt William D. D S st state stat t trea- trea sued th the the- heirs for inheritance inheritances h oes o- o es s on share hares of capital stoe stock In eral corporations alleged to have ha-c tare bc been n transferred by Mr Thompson to his children and oth- oth er rs In contemplation of ot death The state won the thc case case hen it itras vas ras ts tried in the Third Thud district court ourt and th the heirs a appealed p led to the li pre De couto The supreme court in a a divided p. p opinion Justices Samuel Samu l R. R Thurman Thur- Thur man nan and J W. W Che Cherry ry diss dissenting tnt that tile the state is not en entitled e jo o inheritance taxes p on tho the transfer ind nd Upheld the contention of ot the defendants that the transfer Was yas not lot made in contemplation h 1 of death ith and nd was not therefore taxable t Tho decision of ot the supreme co S SI I That the property sought to be taxed axed is not taxable that the find- find inga of or orthe the trIa trial court sl should be bedi di ed and annulled t that at the jUdgment rendered thereon should bo be ie reversed and set aside that the au ause e be e reman remanded remand cd d to the district ourt with ns t to make malje s ings In accordance with the views expressed and to th the tho effect that th the the- re not mad in contemplation con- con of death 01 or not nut to take effect until or after the tho death of 1110 the he- deceased to W state conclusions that hat the property sought to be taxed 15 Is s not taxable that the petitioner tale stake nothing by his hiS- petition and to render ender and kind enter judgment accord accord- Heirs to the estate and those ho received stock through trans trans- prior to Mr Thompsons Thompson's death are tire L Lynn nn H. H Thompson Clyde Clyd R. R Thompson and ana Ezra L P P. P Thompson sons Mrs N Norrine r T. T Brown daughter flaughter Mrs 1 Emily EmlY P P. Thompson Thomp Thomp- Ton son Dorothy Z Thompson v la law In H. H HIRoss Ross Brown son law Jam James s D D. ck an and William W. W 1 Murdock k STOCK TRANSFERRED The rha transfers of of the estate were made through gifts of f stock to to o members of the famil family and through gifts gUts of capital stock toek in the Thomp- Thomp sun son Investment comp company nY and the Ule Ezra Thompson Investment company both b by and some of cf If the heirs heir In In n 1917 The rh appeal was wa was made matia on the ground that the stock transfers ie not made pado in c contemplation ot d ah in order to payment nt of ce taxes as s they all WI were vere made malIc prior o 0 o Defining Dening contemplation of d death ath the supreme supreme court decision bald aid A review of the authorities 1 i. i iJ scarcely necessary necessary- to to- sustain ln the proposition that the tha contemplation U of ot death re ref tired Erred to in the statute is is' is not that contemplation of death deith which must bo be preg present nt with all of ofus ofus ofus us bu It is that that state of mind which by reason of f advanced age t serious eliol s illness or other producing cause Induces es the conviction that d death ath In the tho tear rear future Is to be anticipated Mid And in this state stata of ot in Inthis this belief helie in th the tho n near ar approach ap ap- ap- ap ch of death tIb must be found the motives for the conveyance i if it is to be characterized as made In Ia contemplation o of death |