Legal Opinion

Henley v. Boswell

Court of Civil Appeals of Alabama

Decided April 30, 1975No. Civ. 517PublishedCited by 7 opinions

1Opinion of the Court

HOLMES, Judge.

Appellant-taxpayers appeal the granting of a summary judgment in favor of the appellee-department of revenue, on the petition for writ of mandamus to compel the department of revenue to certify a refund claimed due by appellant.

Appellant-taxpayers are the co-executors of the estate of E. D. Henley, deceased. Appellants owed certain federal estate taxes on the estate and elected to pay these federal taxes to the federal government over a ten year period.

By virtue of Tit. 51, § 432, Code of Ala. 1940, they also owed to the state a tax on the estate, which amount “[is] a tax equal…

2Cases cited3 opinions

  1. Callahan v. WeilandSupreme Court of Alabama · 1973
  2. Feng Yeat Chow v. ShaughnessyDistrict Court, S.D. New York · 1957
  3. State v. Merchants National Bank of MobileSupreme Court of Alabama · 1956

3Cited by7 opinions

  1. Moody v. MoodyCourt of Civil Appeals of Alabama · 1976
  2. Chestnut Hills Civic Ass'n v. DobbinsSupreme Court of Alabama · 1978
  3. Speed v. SpeedCourt of Civil Appeals of Alabama · 1976
  4. Estate of Ehringer v. Director, Division of TaxationNew Jersey Tax Court · 2009
  5. Forbes v. DirectorNew Jersey Tax Court · 1994

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