Legal Opinion

Edwards v. Slocum

Court of Appeals for the Second Circuit

Decided January 8, 1923No. 109PublishedCited by 26 opinions

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). That this is not an inheritance or legacy tax, that it is not payable by legatees or out of legacies as such, and that it is a tax payable out of and on the estate, and by the executors, is agreed (Matter of Hamlin, 226 N. Y. 407, 124 N. E. 4, 7 A. L. R. 701), and no complaint is now made as to including in whatever is taxed or measures tax the New York inheritance taxes (New York, etc., Co. v. Eisner, 256 U. S. 345, 41 Sup. Ct. 506, 65 L. Ed. 963, 16 A. L. R. 660). Taxes, however, are not laid on abstractions, names do not change facts, and every tax…

2Cases cited3 opinions

  1. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  2. In Re the Accounting of HamlinNew York Court of Appeals · 1919
  3. Dugan v. MilesDistrict Court, D. Maryland · 1921

3Cited by26 opinions

  1. Riggs v. Del DragoSupreme Court of the United States · 1942
  2. Edwards v. SlocumSupreme Court of the United States · 1924
  3. Estate of Edward H. Luehrmann, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1961
  4. L. S. Ayers & Co. v. CommissionerUnited States Board of Tax Appeals · 1925
  5. In Re Gallagher's WillNew Mexico Supreme Court · 1953

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