Estate of Larson

Hugh B. Swenson, in pro. per., and Doris Phippen for Objector and Appellant.

Myron Siedorf, Edwin Rosenthal and R.E. Sanderson for Petitioner and Respondent.

OPINION

CHRISTIAN, J.

Hugh B. Swenson, the sole beneficiary of the estate of Carl Larson, appeals from an order determining that he is a class C transferee for purposes of inheritance taxation. (Rev. & Tax. Code, § 13309.) The question is whether the court acted correctly when it determined that appellant was not entitled to class A status (Rev. & Tax. Code, § 13307) on the basis of a mutually acknowledged child-parent relationship with the decedent.

Appellant was born in 1919. His parents, Earl and Bessie Swenson, separated when he was six months old, and were divorced in Minnesota soon thereafter. The divorce decree gave Bessie custody of the child and ordered Earl to pay $20 per month child support.

Bessie married Carl Larson in 1925. She, Carl and appellant lived together until Bessie's death in 1955; appellant continued to live with Carl until Carl's death in 1975. Decedent provided appellant with advice, guidance and discipline. From the time appellant was five years old until decedent's death, he treated…