New York Trust Co. v. Island Oil & Transport Corporation

(after stating the facts as above). The record suggests two questions; strictly speaking the order appealed from answered neither. They are: (1) Is the state of Virginia entitled to the tax as matter of law? (2) Is it expedient to pay the tax as an expense of administration? The order merely “authorized” the receivers to pay the tax; it affords no information as to why authorization was given.

From the memorandum filed below, we are inclined to think that the learned judge considered it fair, or prudent, or “equitable” to have the tax paid; he did not hold any legal duty to pay lay on the…