2006 Nebraska Revised Statutes - § 77-2005 — Inheritance tax; rate; transfer to remote relatives.

Section 77-2005
Inheritance tax; rate; transfer to remote relatives.

In the case of an uncle, aunt, niece, or nephew related to the deceased by blood or legal adoption, or other lineal descendant of the same, or the spouse or surviving spouse of any of such persons, the rate of tax shall be six percent of the clear market value of the property received by each person in excess of two thousand dollars and not exceeding sixty thousand dollars; and on all the excess over sixty thousand dollars, the rate of tax shall be nine percent.

Source:

Laws 1901, c. 54, § 1, p. 414

Laws 1905, c. 117, § 1, p. 523

Laws 1907, c. 103, § 1, p. 356

R.S.1913, § 6622

C.S.1922, § 6153

Laws 1923, c. 187, § 1, p. 430

C.S.1929, § 77-2201

Laws 1931, c. 132, § 1, p. 371

C.S.Supp.,1941, § 77-2201

R.S.1943, § 77-2005

Laws 1947, c. 262, § 1, p. 851

Laws 1951, c. 267, § 4, p. 900

Laws 1959, c. 353, § 5, p. 1245

Laws 1965, c. 497, § 2, p. 1586

Laws 1976, LB 585, § 5

Annotations:

Section 77-2005.01 expands the operation of section 77-2004 and this section, extending the same tax treatment to the relatives of a former spouse to whom the deceased person was married at the time of the spouse's death, but in no sense conflicts with either of the other two statutes. In re Estate of Morse, 241 Neb. 40, 486 N.W.2d 195 (1992).

The Legislature may properly distinguish inheritance tax laws in favor of blood relations, since such distinction is neither arbitrary nor unconstitutionally ambiguous. Ralston v. County of Dawson, 200 Neb. 678, 264 N.W.2d 868 (1978).

A more burdensome tax is imposed in the case of named remote relatives by blood or legal adoption. Todd v. County of Box Butte, 169 Neb. 311, 99 N.W.2d 245 (1959).

~Reissue Revised Statutes of Nebraska