72-16-612. Action by foreign representative to recover apportioned tax. A personal representative acting in another state or a person required to pay the tax domiciled in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state, or of a death duty due by a decedent's estate to another state from a person interested in the estate who is either domiciled in this state or who owns property in this state subject to attachment or execution. For the purposes of the action, the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state is prima facie correct.
History: En. 91A-3-916 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-916(8).
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 16. Estate and Generation-Skipping Taxes
Part 6. Apportionment of Taxes
72-16-602. Authority of court of administration to determine apportionment
72-16-603. Tax -- how apportioned
72-16-604. Equitable power of court to vary manner of apportionment
72-16-605. Distribution prior to apportionment -- bond required
72-16-606. No apportionment as between temporary interest and remainder
72-16-607. Allowance for exemptions, deductions, and credits
72-16-608. Powers of personal representative in relation to satisfaction of tax liability
72-16-609. Penalties and interest charged to fiduciary when caused by fiduciary's negligence
72-16-610. Action to recover apportioned tax -- limitations on duty to initiate -- uncollectibility
72-16-611. Action to recover apportioned tax -- determination of court prima facie correct
72-16-612. Action by foreign representative to recover apportioned tax