In Re the Appraisal, Under the Transfer Tax Act, of the Estate of Cooley
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 'll, 1906, which affirmed an order of the Hew York County Surrogate’s Court assessing a transfer tax upon the estate of Francis B. Cooley, deceased. The facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 'll, 1906, which affirmed an order of the Hew York County Surrogate’s Court assessing a transfer tax upon the estate of Francis B. Cooley, deceased. The facts, so far as material, are stated in the opinion. Under section 220, subdivision 2, of the Tax Law, so much of the interest of the decedent in the Boston and Albany railroad as derives its value from franchises and properties owned and operated in another state by virtue of the charter granted by another sovereignty is not “…
1Opinion of the CourtHiscock, J.
The appellants complain because in fixing the transfer tax upon certain shares of the capital stock of the .Boston and Albany Railroad Company which belonged to the estate and passed under the will of the deceased who was a non-resident, said stock has been appraised at its full market value as representing an interest in the property of said corporation situate both in the state of Hew York and elsewhere. It is insisted by them that under the peculiar facts of this ease the valuation placed for such purpose upon the stock should not have been predicated upon the idea that the latter…
2Cases cited9 opinions
- In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
- Tennessee v. WhitworthSupreme Court of the United States · 1886
- Plimpton v. . BigelowNew York Court of Appeals · 1883
- Jermain v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1883
- In Re the Appraisal, Under the Legacy & Inheritance Tax Act, of the Property of JamesNew York Court of Appeals · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Socony-Vacuum Oil Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- Kingsbury v. ChapinMassachusetts Supreme Judicial Court · 1907
- In Re Estates of HarknessSupreme Court of Oklahoma · 1921
- In re the Transfer Tax upon the Estate of DupignacNew York Surrogate's Court · 1924
- In Re the Transfer Tax Upon the Estate of TerryNew York Court of Appeals · 1916
19 more not listed; retrieve them via the Exa API.