Legal Opinion

State ex rel. Van Dyke v. Cary

Wisconsin Supreme Court

Decided November 13, 1923PublishedCited by 19 opinions

Cross-appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. The relators are trustees under the will of Charles L. McIntosh, deceased, and brought this proceeding to review certain determinations made by the taxing officers as to the income tax assessed against such trustees for income received by them during the year 1920. A particular item involved was the distribution to such trustees by the J. I. Case Threshing Machine…

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Cross-appeals from a judgment of the circuit court for Milwaukee county: E. T. Fairchild, Circuit Judge. The relators are trustees under the will of Charles L. McIntosh, deceased, and brought this proceeding to review certain determinations made by the taxing officers as to the income tax assessed against such trustees for income received by them during the year 1920. A particular item involved was the distribution to such trustees by the J. I. Case Threshing Machine Company, a Wisconsin corporation, of 3251.1429 shares of the common stock of said company as their forty-two per cent,…

1Opinion of the Court

The following opinion was filed January 9, 1923:

Eschweiler, J.

The questions here presented are as follows:(1) Is a stock dividend assessable under the income tax law, sub. (2) (b), sec. 71.02, Stats.?(2) If so taxable, shall it be assessed at its par or market value, if the latter be the lesser?(3) Is the surtax for the teachers’ retirement fund, sec. 20.251, Stats., as created by ch. 459, Laws of 1921, so far at least as Milwaukee taxpayers are concerned, in violation of state or federal constitutions?(4) If such surtax be valid, should the basic rate of one per cent, or one and…

2Cases cited21 opinions

  1. Eisner v. MacOmberSupreme Court of the United States · 1920
  2. Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
  3. Cummings v. National BankSupreme Court of the United States · 1880
  4. In Re the Accounting of OsborneNew York Court of Appeals · 1913
  5. Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917

16 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Columbia County v. Board of Trustees of Wisconsin Retirement FundWisconsin Supreme Court · 1962
  2. State ex rel. Dudgeon v. LevitanWisconsin Supreme Court · 1923
  3. Van Dyke v. Tax CommissionWisconsin Supreme Court · 1935
  4. State v. HeinemannWisconsin Supreme Court · 1930
  5. State Budget Commission v. LebusCourt of Appeals of Kentucky (pre-1976) · 1932

14 more not listed; retrieve them via the Exa API.

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