People ex rel. Brewster v. Wendell
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 21st day of January, 1921, directed to James A. Wendell, as Comptroller of the State of New York, commanding him to certify and return to the office of the clerk of the county of Albany all and singular the proceedings had in adjusting an account for income taxes for the taxable year 1919, against the relator under article 16 of the Tax Law, and in revising said account.
1Opinion of the Court
Woodward, J.:
The relator on January 1, 1919, owned certain stocks and bonds of the fair market value of $70,000. On the 1st of May, 1919, the relator gave these securities away. It does not appear from the record whether these stocks were given for charitable purposes or not, and no question arises under the exceptions in reference to such gifts. At the time the gift was made the securities concededly had a fair market value of $72,000. The relator did not include the increment in value upon them in the body of his return, nor did he pay a tax thereon, but he disclosed the facts as above…
2Cases cited3 opinions
- Gould v. GouldSupreme Court of the United States · 1917
- Doyle v. Mitchell Brothers Co.Supreme Court of the United States · 1918
- United States v. IshamSupreme Court of the United States · 1873
3Cited by6 opinions
- Marx v. BragaliniNew York Court of Appeals · 1959
- People ex rel. Whitney v. LoughmanAppellate Division of the Supreme Court of the State of New York · 1929
- People v. ColbertAppellate Division of the Supreme Court of the State of New York · 1941
- Bowers v. TaftCourt of Appeals for the Second Circuit · 1927
- Bowers v. TaftCourt of Appeals for the Second Circuit · 1927
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