Kings County Trust Co. v. Law
Appellate Division of the Supreme Court of the State of New York
Certiorari Order granted out of the Supreme Court at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 16th day of December, 1921, directed to Walter W. Law, Jr., and others, constituting the State Tax Commission of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all their proceedings had in assessing an income tax against the estate of William F. Armstrong, deceased.
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Certiorari Order granted out of the Supreme Court at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 16th day of December, 1921, directed to Walter W. Law, Jr., and others, constituting the State Tax Commission of the State of New York, commanding them to certify and return to the office of the clerk of the county of Albany all their proceedings had in assessing an income tax against the estate of William F. Armstrong, deceased. The relator, the Kings County Trust Company, as one of the executors of the last will and testament of William F.…
1Opinion of the Court
Van Kirk, J.:
It is claimed that the amount of tax returned and paid under protest is too large and that the Tax Commission should have recomputed the amount of the tax.
The relator consents that the income of the estate to the amount of $19,173.70 is subject to the tax for the following reason: the legacies in trust to individuals in the aggregate sum of $480,000 carry interest at six per cent from the death of the testator, which interest is $19,173.70; this income is subject to the tax and must be paid by the executors; the tax upon this amount is $263.47.
As to the balance of the income, the…
2Cited by6 opinions
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- Bowers v. SlocumCourt of Appeals for the Second Circuit · 1927
- Home Trust Co. v. LawAppellate Division of the Supreme Court of the State of New York · 1923
- Slocum v. BowersDistrict Court, S.D. New York · 1926
- Van Dyke v. WilkinsonDistrict Court, E.D. Wisconsin · 1928
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