Home Trust Co. v. Law
Appellate Division of the Supreme Court of the State of New York
Certiorari order granted out of the Supreme Court at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 28th day of June, 1922, directed to Walter W. Law, Jr., and others, constituting the State Tax Commission of the State of New York, commanding them to certify and return to said clerk’s office all and singular their proceedings had in assessing a tax on the income for the year 1920, received by the petitioner as executor of said…
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Certiorari order granted out of the Supreme Court at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 28th day of June, 1922, directed to Walter W. Law, Jr., and others, constituting the State Tax Commission of the State of New York, commanding them to certify and return to said clerk’s office all and singular their proceedings had in assessing a tax on the income for the year 1920, received by the petitioner as executor of said deceased.
1Opinion of the Court
H. T. Kellogg, Acting P. J.:
The question in the case is whether, in calculating the annual net income of an estate of a deceased person, in order to compute the income tax payable by the estate in a given year, transfer taxes paid by the executor of the deceased person within the year *591should be deducted from the annual gross earnings received by the estate.
A tax upon net income, calculated in accordance with a slidipg scale of percentages, is annually payable to the State, with certain exceptions, by every resident of the State. (Tax Law, § 351.) This tax is made applicable to estates of…
2Cases cited7 opinions
- Knowlton v. MooreSupreme Court of the United States · 1900
- United States v. PerkinsSupreme Court of the United States · 1896
- United States v. WoodwardSupreme Court of the United States · 1921
- In Re the Estate of GihonNew York Court of Appeals · 1902
- In Re the Appraisal for Taxation of the Estate of MerriamNew York Court of Appeals · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Keith v. JohnsonSupreme Court of the United States · 1926
- Farmers' Loan & Trust Co. v. United StatesDistrict Court, S.D. New York · 1925
- Keith v. JohnsonCourt of Appeals for the Second Circuit · 1924
- People ex rel. Seligman v. GilchristAppellate Division of the Supreme Court of the State of New York · 1926
- Van Dyke v. WilkinsonDistrict Court, E.D. Wisconsin · 1928
4 more not listed; retrieve them via the Exa API.