Legal Opinion

In Re the Transfer Tax Upon the Estate of Watson

New York Court of Appeals

Decided May 20, 1919PublishedCited by 23 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 10, 1919, which affirmed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Charles W. Watson, deceased. The facts, so far as material, are stated in the opinion.

1Opinion of the Court

Crane, J.. The question presented for determination is .whether section 22Lb of the Ta,x Law [Cons. Laws, ch. - 60], added by chapter 700 of - the Laws of 1917, is constitutional. The lower courts have held it to be unconstitutional. The section reads as follows:

“ Additional tax on investments in certain cases. Upon every transfer of an investment, as defined in article fifteen of this chapter, taxable under this article, a tax is hereby imposed, in addition to the tax imposed by section two hundred and twenty-one-a, of five per centum of the appraised inventory value of such investment,…

2Cases cited26 opinions

  1. Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
  2. Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
  3. County of Mobile v. KimballSupreme Court of the United States · 1881
  4. New York Ex Rel. Hatch v. ReardonSupreme Court of the United States · 1907
  5. United States v. PerkinsSupreme Court of the United States · 1896

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

3Cited by23 opinions

  1. Rubin v. Irving Trust Co.New York Court of Appeals · 1953
  2. Watson v. State Comptroller of NYSupreme Court of the United States · 1920
  3. Bankers Trust Co. v. BlodgettSupreme Court of Connecticut · 1921
  4. In Re the Estate of Le FevreNew York Court of Appeals · 1922
  5. Prentiss v. EisnerCourt of Appeals for the Second Circuit · 1920

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

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