State ex rel. Wisconsin Trust Co. v. Phelps
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Milwaukee county: Walter Sct-iinz, Circuit Judge. Certiorari to review the validity of an assessment of $70,607.87 against the relators as trustees under the will of Nathan Hamburger, deceased, for income taxation for the year 1917. For the contents of the Hamburger will and a statement of the trust, trustees, and beneficiaries created thereby reference is made to State ex rel. Wis.
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Appeal from a judgment of the circuit court for Milwaukee county: Walter Sct-iinz, Circuit Judge. Certiorari to review the validity of an assessment of $70,607.87 against the relators as trustees under the will of Nathan Hamburger, deceased, for income taxation for the year 1917. For the contents of the Hamburger will and a statement of the trust, trustees, and beneficiaries created thereby reference is made to State ex rel. Wis. T. Co. v. Widule, 164 Wis. 56, 159 N. W. 630, where the same was set out adequately for the purposes of this case. For the year 1917 Gimbel Brothers, a Pennsylvania…
1DissentEschweiler, J.
The majority opinion holds that the Wisconsin Trust Company received the in*152come in question and because it did so receive it an income tax must be paid thereon.
The payment without the state of Wisconsin by Gimbel Brothers Company of the income in question to one of the three joint trustees was a lawful transaction, its validity is not questioned, and the payment to such one trustee by the Gimbel Brothers Company was an absolute discharge of its obligation to the trust estate. The Wisconsin Trust Company could not insist or require that the payment of this dividend should be made to it rather…
Also in this document: Per curiam.
2Cases cited8 opinions
- Travis v. Yale & Towne Manufacturing Co.Supreme Court of the United States · 1920
- State ex rel. Manitowoc Gas Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1915
- State ex rel. Sallie F. Moon Co. v. Wisconsin Tax CommissionWisconsin Supreme Court · 1917
- Countess de Noailles' EstateSupreme Court of Pennsylvania · 1912
- State ex rel. Wisconsin Trust Co. v. WiduleWisconsin Supreme Court · 1916
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