In Re the Appraisal, Under the Transfer Tax Act, of the Estate of Hellman
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 12, 1902, which reversed an order of the Hew York County Surrogate’s Court assessing a transfer tax upon the estate of Theodore Heilman, deceased. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered December 12, 1902, which reversed an order of the Hew York County Surrogate’s Court assessing a transfer tax upon the estate of Theodore Heilman, deceased. The facts, so far as material, are stated in the opinion. Under the Transfer Tax Act of 1892, as in force prior to the enactment of the Tax Law of 1896, a Stock Exchange seat was property subject to a transfer tax. (Matter of Glendinning, 68 App. Div. 125 ; 171 N. Y. 684 ; People ex rel. v. Feitner, 167 N. Y. 1 ; Powell v. Waldron,…
1Opinion of the CourtCullen, J.
The question presented by this appeal is whether a seat in the New York Stock Exchange, of which the deceased died the owner, is subject to the inheritance or transfer tax prescribed by article 10 of the Tax Law. The surrogate held that the tax was properly imposed. The Appellate Division by a divided court reversed that decision.
Prior to the enactment of the Tax Law (Chap. 908, Laws of 1896) the legislation which imposed ordinary annual taxes and that which exacted a tax on the devolution of property by will or intestacy were entirely distinct. The first, in one form or other, had existed…
2Cases cited8 opinions
- Hyde v. WoodsSupreme Court of the United States · 1877
- Page v. EdmundsSupreme Court of the United States · 1903
- Powell v. . WaldronNew York Court of Appeals · 1882
- In Re the Appraisement of Legacies & Assessment of Collateral Inheritance Tax Under the Last Will & Testament of KnoedlerNew York Court of Appeals · 1893
- People Ex Rel. Lemmon v. . FeitnerNew York Court of Appeals · 1901
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3Cited by20 opinions
- In Re the Accounting of GrunerNew York Court of Appeals · 1946
- O'Dell v. BoydenCourt of Appeals for the Sixth Circuit · 1906
- In re Weidenfeld against KepplerAppellate Division of the Supreme Court of the State of New York · 1903
- In re the Appraisal of the Estate of BallAppellate Division of the Supreme Court of the State of New York · 1914
- State v. McPhailSupreme Court of Minnesota · 1914
15 more not listed; retrieve them via the Exa API.