Legal Opinion · Dissent

Succession of Henderson

Supreme Court of Louisiana

Decided April 21, 1947No. 38009Published

1DissentHamiter, Justice

To correctly decide the question presented by this appeal, which is whether the Federal estate tax should be deducted before computing the Louisiana inheritance tax owed by a residuary legatee, it is necessary, in my opinion, to recognize the ■distinction between an estate, or a transmission, tax and an inheritance tax, and then to determine to which of those categories the tax levied by Act 127 of (Ex. Sess.) 1921 belongs.

If the Louisiana inheritance tax be a transmission tax, the question requires a negative answer; if an inheritance tax, an affirmative answer.

That the two kinds of taxes…

2Cases cited9 opinions

  1. Frick v. PennsylvaniaSupreme Court of the United States · 1925
  2. Frick Et Al. v. PennsylvaniaSupreme Court of the United States · 1925
  3. Cabot v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1929
  4. In re Fish's EstateMichigan Supreme Court · 1922
  5. Hazard v. Board of Tax CommissionersSupreme Court of Rhode Island · 1921

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