A complicated legal combination exists between family and inheritance laws and estate and gift tax. Take estate tax for example, it takes almost all the legal relationship of inheritance regulated by civil code as tax prequisite. Although theoretically speaking, estate tax, the same as other taxes, is public obligation in nature and shall not be bound by civil law and agreements between private parties. However, we should not ignore the effect de facto that estate taxation may produce against the inheritance and property rights, especially in the perspective of “Institutional Guarantee”. This article is to comment the estate tax decision of 2005 No. 826 of Administrative Supreme Court. In this case, the plaintiff, as an heir, declared limited inheritance upon his father’s death. According to the civil code, the limited inheritance requires a six-month civil court procedure. But the tax administration disregarded such civil court procedure and fined NT$ 61 Million only for plaintiff’s noncompliance of the tax procedural obligation to file tax return within the due term.