In Re the Transfer Tax Upon the Estate of Orvis
New York Court of Appeals
' Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 2, 1917, which reversed an order of the New York County Surrogate’s Court- assessing a transfer tax upon the estate of Charles E. Orvis, deceased, and amended the appraiser’s report by adding to the amount reported taxable the sum of $443,342.11. The facts, so far as material, are stated in the opinion.
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' Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered October 2, 1917, which reversed an order of the New York County Surrogate’s Court- assessing a transfer tax upon the estate of Charles E. Orvis, deceased, and amended the appraiser’s report by adding to the amount reported taxable the sum of $443,342.11. The facts, so far as material, are stated in the opinion. The Transfer Tax Law does not impose a tax upon property passing under a contract made for a valuable consideration. (Blair v. Herold, 150 Fed. Rep. 199; 158 Fed. Rep. 804;…
1Opinion of the CourtCollin, J.
The Appellate Division added to the taxable estate of Charles E. Orvis, deceased, the sum of $443,342.11 under these facts: Charles E. Orvis and 'Edwin W. Orvis had on January 2, 1911, constituted the firm of Orvis Brothers & Co. for many years. Since December 31, 1903, the liability of each for the joint losses and the interest of each in the firm assets were equal with those of the other. The duration of the firm was without limit, subject to dissolution at any time by mutual consent. On January 2, 1911, they signed, sealed and delivered an agreement reading: “ Whereas, it is the desire of…
2Cases cited6 opinions
- Keeney v. Comptroller of New YorkSupreme Court of the United States · 1912
- In Re the Appraisal for Taxation, Under the Act in Relation to Taxable Transfers of Property, of the Estate of GouldNew York Court of Appeals · 1898
- In Re the Transfer Tax Upon the Estate of KeeneyNew York Court of Appeals · 1909
- In re the Appraisal of the Property of BakerAppellate Division of the Supreme Court of the State of New York · 1903
- In Re the Transfer Tax Upon the Estate of WhiteNew York Court of Appeals · 1913
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3Cited by62 opinions
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Wilentz v. HendricksonNew Jersey Court of Chancery · 1943
- McGovern v. . City of New YorkNew York Court of Appeals · 1923
- Worcester County National Bank v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1931
- In Re Krueger's EstateWashington Supreme Court · 1941
57 more not listed; retrieve them via the Exa API.