Legal Opinion

In re the Estate of Schroeder

New York Surrogate's Court

Decided July 19, 1950Published

1Opinion of the Court

Collins, S.

This is an appeal by the State Tax Commission from the order of October 31, 1949, entered upon the supplemental report of the appraiser, modifying the original pro forma order of September 8, 1947, by adding thereto a determination that “ there is no additional tax due the State of New York under section 249-n of the Tax Law. ’ ’ The ground of appeal is that the court had no jurisdiction to embody the supplemental determination in a modifying order but was required by the tax statute to make a separate and distinct order.

The appeal is denied. The Tax Commission places its principal…

2Cases cited7 opinions

  1. Dee v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1939
  2. Matter of Dee v. State Tax CommissionNew York Court of Appeals · 1940
  3. In re the Estate of GuggenheimNew York Surrogate's Court · 1945
  4. In re the Estate of IshamNew York Surrogate's Court · 1939
  5. In Re the Estate of GuggenheimNew York Court of Appeals · 1947

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