In Re the Transfer Tax Upon the Estate of Seligmann
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 18, 1916, which modified and affirmed as modified an order of the New York County Surrogate’s Court assessing a transfer tax upon certain remainder interests which were suspended from taxation in a former tax proceeding and which have since fallen in.
1Opinion of the CourtPound, J.
This proceeding was properly disposed of by the Appellate Division (170 App. Div. 837). The extract from the opinion in Matter of Terry (218 N. Y. 218, 223): “In all cases we must carve out of one total — the value of the property transferred as of the death of the decedent — the value of the present and the future interest, and the parts can never be greater than the whole,” which is relied upon by the appellant, must be read in connection with the context. It relates to present taxation where the fair market value of the future interest is ascertained, and does not relate to cases where the…
2Cases cited2 opinions
- In Re the Transfer Tax Upon the Estate of TerryNew York Court of Appeals · 1916
- In re the Transfer Tax upon the Estate of SeligmannAppellate Division of the Supreme Court of the State of New York · 1915
3Cited by11 opinions
- Salomon v. State Tax Comm'n of NYSupreme Court of the United States · 1929
- In re the Transfer Tax upon the Estate of HechtAppellate Division of the Supreme Court of the State of New York · 1927
- Wonderly v. Tax CommissionOhio Supreme Court · 1925
- In re the Estate of HechtNew York Surrogate's Court · 1926
- In re the Estate of AuchinclossNew York Surrogate's Court · 1926
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