WILLIAM DONALD SCHAEFER, Governor                       Ch. 2

REVISOR'S NOTE: This section is new language derived
without substantive change from the first sentence of
former Art. 81, § 160, as it required valuation by a
court, and the first clause of § 169(c).

Subsection (b) of this section is rephrased to state
expressly that which only was implied by the former
requirement to "ascertain the amount of tax due and
payable hereunder" -- i.e., that the register
determines the value of concurrent absolute and less
than absolute interests.

In subsection (a)(1) of this section and throughout
this subtitle, the defined term "court" and the
modifying phrase "with jurisdiction to administer the
estate" are substituted for the former, specific
references to courts with jurisdiction, for brevity.

In subsection (b) and the introductory language of
subsection (a) of this section, respectively,
references to "no formal administration" and "formal
administration" are added to distinguish cases in
which the court, rather than the register, is
responsible for valuation. Similarly, in subsection
(a)(1) of this section, the reference to a valuation
that is not done in "the manner required in §§ 7-209
through 7-211 of this subtitle" is added. A court
does not routinely value interests in property. The
register, in the capacity of the clerk of the orphans'
court, makes routine valuations of concurrent absolute
interest and less than absolute interests, where
necessary, by using the methods under §§ 7-209 through
7-211 of this subtitle. Therefore, throughout this
subtitle, references to the "register" are
substituted, where appropriate, for the former
references to the "court", for clarity.

In the introductory language of subsection (a)(1) of
this section, the former words "before any
distribution" are deleted as included in the reference
to the power of the court "to administer" an estate.

In the introductory language of subsection (a)(2)     of

this section, the former phrase "as provided    in

accordance with said regulations" is deleted as
surplusage.

The Tax - General Article Review Committee notes, for
consideration by the General Assembly, that neither
former Art. 81, § 160 nor the revision in subsection
(a) of this section addresses the jurisdictional issue
that may arise when a foreign personal representative
administers an estate that has property located in
Maryland. The General Assembly may wish to close this
gap.

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