In Re the Transfer Tax Upon the Estate of Hazard
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 4, 1919, which unanimously affirmed an order of the Onondaga County Surrogate’s Court assessing a transfer tax upon the estate of Frederick R. Hazard, deceased.
Read the full summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 4, 1919, which unanimously affirmed an order of the Onondaga County Surrogate’s Court assessing a transfer tax upon the estate of Frederick R. Hazard, deceased. Frederick Rowland Hazard died on February 27th, 1917. The Federal tax upon income received by him from January 1st, 1917, to the date of his death paid by the executors of his will to the United States government was $10,698.68. This amount was not deducted in determining the value of the estate…
1Opinion of the CourtCrane, J.
We are of the opinion that the income tax payable to the United States government should have been deducted in determining the value of Frederick Rowland Hazard’s estate subject to the transfer tax. The Federal Income Tax Law applicable to this estate is title I of the act of September 8th, 1916 (39 Statutes at Large, 1000), as amended by title XII of the act of October 3d, 1917. This provides for an annual tax upon the entire net income received in the preceding calendar year from all sources by every individual in the United States.
Regulation No. 33 governing the collection of the income…
2Cases cited10 opinions
- In Re the Estate of GihonNew York Court of Appeals · 1902
- In Re the Estate of WesturnNew York Court of Appeals · 1897
- In Re the Transfer Tax Upon the Estate of PenfoldNew York Court of Appeals · 1915
- In Re the Last Will & Testament of VassarNew York Court of Appeals · 1891
- In Re the Transfer Tax Upon the Estate of ShermanNew York Court of Appeals · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hazard v. Board of Tax CommissionersSupreme Court of Rhode Island · 1921
- Cochran's Ex'or and Trustee v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1931
- In re the Estate of BurroughsNew York Surrogate's Court · 1930
- In Re Estate of BigelowSupreme Court of Minnesota · 1937
- In re the Estate of LeonardNew York Surrogate's Court · 1950
5 more not listed; retrieve them via the Exa API.