Legal Opinion
In re Estate of Garcia
New York Surrogate's Court
Decided October 15, 1917PublishedCited by 3 opinions
Appeal from an order fixing the transfer tax.
1Opinion of the Court
Fowleb, S.
The principal questions presented by the appeal of the executors are: First. Is the corpus of a trust fund created by a deed of trust executed by the decedent taxable in this proceeding? Second. If the fund is taxable, should its value be ascertained as of the date of the deed of trust or of the date of decedent’s death? Third,. For the purpose of determining the rate of taxation, should the value of the trust fund be added to the value of the legacy given to the donee by the will of the decedent? Fourth. Should trustees’ commissions be deducted from the value of the corpus of the…
2Cases cited2 opinions
- In Re the Transfer Tax Upon Stock of William B. Dana Co.New York Court of Appeals · 1915
- In re the Estate of MeseroleNew York Surrogate's Court · 1916
3Cited by3 opinions
- In re the Transfer Tax of GarciaAppellate Division of the Supreme Court of the State of New York · 1918
- In re the Transfer Tax upon the Estate of CochraneNew York Surrogate's Court · 1921
- Smith v. CommissionerUnited States Board of Tax Appeals · 1927