Eric v. Walsh

The plaintiff executors brought this proceeding in the Superior Court pursuant to § 1405 of the General Statutes, seeking a review of the defendant state tax commissioner’s imposition of a penalty tax upon the estate of their decedent under the authority of § 1403. The court rendered judgment ordering the statement of such tax corrected to exclude the item in dispute and the defendant has appealed. The item was predicated 'upon a claimed obligation to the decedent in connection with which he had the right to sell certain securities and apply the proceeds to the debt and upon which no tax had…