Legal Opinion

In re the Estate of Gulbenkian

New York Surrogate's Court

Decided February 6, 1957Published

1Opinion of the Court

Samuel Faile, S.

The State Tax Commission moves to modify an order of this court dated September 27, 1955, imposing a transfer tax of $1,669.20 against the remainder interest of a grandson of testator under article 10 of the Tax Law. It is contended in behalf of the State Tax Commission that such order erroneously applied the rates of tax under section 221-a of the Tax Law to a remainder interest valued at $95,960 without regard to the value of the transfer of a temporary estate to the same beneficiary valued at $63,284 and which if included would have required the fixation of the tax at the…

2Cases cited12 opinions

  1. Manice v. . ManiceNew York Court of Appeals · 1871
  2. Warner v. . DurantNew York Court of Appeals · 1879
  3. In Re the Appraisal for Taxation of a Portion of the Estate of SeamanNew York Court of Appeals · 1895
  4. Campbell v. . StokesNew York Court of Appeals · 1894
  5. In Re the Transfer Tax Upon the Estate of ParkerNew York Court of Appeals · 1919

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