Legal Opinion

Johnson v. Davis

Court of Appeals of Texas

Decided November 20, 1946No. 9596PublishedCited by 14 opinions

1Opinion of the Court

McCLENDON, Chief Justice.

This is an inheritance tax case. It presents the sole, question whether a divorced former wife properly falls within Class A (Art. 7118, Vernon’s Ann.Civ.Stats.) as “wife” in assessing the state inheritance tax upon a devise to her by her divorced husband. The taxing officials assessed the tax under Class E (Art. 7122), the amount of which was paid under protest, deposited in the suspense account of the State Treasury, and suit for the excess over the amount under a Class A assessment was brought by the stated devisee and the other beneficiaries under the will against…

2Cases cited5 opinions

  1. Womack v. WomackTexas Supreme Court · 1943
  2. Lewis v. O'HairCourt of Appeals of Texas · 1939
  3. In re the Transfer Tax upon the Estate of MerrittAppellate Division of the Supreme Court of the State of New York · 1913
  4. American Gen. Ins. Co. v. RichardsonCourt of Appeals of Texas · 1939
  5. Simpson v. ClaytonCourt of Appeals of Texas · 1940

3Cited by14 opinions

  1. Matter of Estate of GossmanSouth Dakota Supreme Court · 1996
  2. Peterson v. CalvertCourt of Appeals of Texas · 1971
  3. Dennis v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1960
  4. Calvert v. FisherCourt of Appeals of Texas · 1953
  5. Decker v. WilliamsCourt of Appeals of Texas · 1948

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