People ex rel. Knickerbocker Trust Co. v. Kelsey
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The Comptroller assessed the relator for the years 1901,1902 and 1903 upon its capital, surplus and undivided profits as they existed on the thirtieth day of June of each year, under section 187a of the Tax Law (Laws of 1896, chap. 908, added by Laws of 1901, chap. 132, and amd. by Laws of 1901, chap. 535), and the -taxes based upon such assessments were…
Read the full summary
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. The Comptroller assessed the relator for the years 1901,1902 and 1903 upon its capital, surplus and undivided profits as they existed on the thirtieth day of June of each year, under section 187a of the Tax Law (Laws of 1896, chap. 908, added by Laws of 1901, chap. 132, and amd. by Laws of 1901, chap. 535), and the -taxes based upon such assessments were paid by the relator without pro: test. After such payment it was determined by the courts that where the amount of capital…
1Opinion of the Court
Chester, J.:
We need not discuss the question involved here at any length, as we think the Court of Appeals has recently determined the matter in an analogous case in favor of the contention of the relator. (Matter of O'Berry, 179 N. Y. 285.) That was a case arising under section 225 of the Tax Law (Laws of 1896,' chap. 908; as amd. by Laws of 1900, chap. 382, and Laws of 1901, chap. 173), providing for the refunding of a transfer tax erroneously paid. Such a tax was imposed upon a vested remainder and paid to the Comptroller. Subsequently the Court of Appeals held that a transfer tax upon…
2Cases cited2 opinions
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- In Re the Appraisal Under the Transfer Tax Act of the Trust Estate Held for the Life of O'BerryNew York Court of Appeals · 1904
3Cited by2 opinions
- Brodsky v. MurphyNew York Court of Appeals · 1969
- Brodsky v. MurphyNew York Court of Appeals · 1969