In Re the Transfer Tax Upon the Estate of Hubbard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1922, which reversed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Thomas H. Hubbard, deceased, and remitted the matter to the appraisers for reappraisal of certain interests of the decedent.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 26, 1922, which reversed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Thomas H. Hubbard, deceased, and remitted the matter to the appraisers for reappraisal of certain interests of the decedent. The following questions were certified: “ 1. Should the valuation for purposes of the inheritance tax of the decedent’s interest in a copartnership business be suspended until the liquidation by the surviving partner of…
1Opinion of the Court
Hiscock, Ch. J.
For purposes of discussion we have assumed that this appeal involves the question whether the court under special conditions may order postponement of the appraisal of a decedent’s estate for the purpose of fixing a transfer tax.
Thomas H. Hubbard died in 1915 being á member of the firm of Thomas H. Hubbard & Co., composed of himself and one Searles. This copartnership was not engaged in any general business but was formed for the purpose of holding and managing certain properties in which the partners were interested and these to a large extent consisted of stocks and bonds…
2Cases cited1 opinion
- In Re the Estate of WesturnNew York Court of Appeals · 1897
3Cited by12 opinions
- Keith v. JohnsonSupreme Court of the United States · 1926
- In re the Appraisal under the Transfer Tax Law of the Property of DavisonNew York Surrogate's Court · 1930
- Home Trust Co. v. LawAppellate Division of the Supreme Court of the State of New York · 1923
- People ex rel. Whitney v. LoughmanAppellate Division of the Supreme Court of the State of New York · 1929
- Van Dyke v. WilkinsonDistrict Court, E.D. Wisconsin · 1928
7 more not listed; retrieve them via the Exa API.