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1 1 (2018)

handle is hein.preview/prvwtcheaxxu0001 and id is 1 raw text is: 




App. No.


                                  In the
                Supreme Court of the United States


                   NORTH CAROLINA DEPARTMENT OF REVENUE,
                                             Petitioner,
                                    V.

                THE KIMBERLY RICE KAESTNER 1992 FAMILY TRUST,
                                             Respondent.


                 APPLICATION   TO  EXTEND  TIME  TO FILE
                 A  PETITION  FOR WRIT  OF CERTIORARI



TO THE HONORABLE JOHN  G. ROBERTS, JR., AS CIRCUIT JUSTICE FOR THE UNITED
STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT:

      1.   Petitioner, the North Carolina Department of Revenue, respectfully

requests that the time to file a petition for a writ of certiorari in this case be

extended by thirty days, to October 9, 2018.

      2.   A number  of states tax the income of a trust when the trust's

beneficiaries are in-state residents. North Carolina is one of those states. North

Carolina assesses taxes on the amount of the taxable income of the . . . trust that is

for the benefit of a resident of [the] State. N.C. Gen. Stat. § 105-160.2 (2017). The

tax statute at issue (or one of its predecessors) has been in force and unchallenged

since 1923.

      3.   In tax years 2005 through 2008, North Carolina assessed taxes on the

undistributed income earned by the respondent, the Kimberly Rice Kaestner 1992