In re the Estate of Rich

Wingate, S.

This is an appeal by executors from the pro forma order of this court fixing the estate tax. The ground of complaint is the inclusion by the appraiser as a part of the taxable estate of $51,481.28 of a total of $61,500 transferred by the decedent to a corporation of which he, his wife and two sons were the sole stockholders. These transfers took place between March 28, 1932, and January 11, 1933. Decedent died on May 11, 1933.

The law applicable to the situation is clear. Subdivision 3 of section 249-r of the Tax Law, so far as applicable, provides that there shall be included in…