Legal Opinion

Tax Commission v. Rife

Ohio Supreme Court

Decided June 13, 1928No. 20719PublishedCited by 24 opinions

1Opinion of the CourtDay, J.

It is well settled that an inheritance or succession tax is not a tax upon the property itself, but upon the right to succeed to the property. It is not the right to transmit, but the right and privilege to receive, that is taxed. The act of Congress of the United States known as the War Risk Insurance Act, and certain other provisions of particular importance in the determination of the question presented by this record, are here properly set forth, in part:

“If the designated beneficiary does not survive the insured or survives the insured and dies prior to receiving all of the two hundred…

2Cases cited5 opinions

  1. M'culloch v. State of MarylandSupreme Court of the United States · 1819
  2. Plummer v. ColerSupreme Court of the United States · 1900
  3. Murdock v. WardSupreme Court of the United States · 1900
  4. Palmer v. MitchellOhio Supreme Court · 1927
  5. Succession of GeierSupreme Court of Louisiana · 1924

3Cited by24 opinions

  1. Singleton v. CheekSupreme Court of the United States · 1932
  2. In Re Estate of HallbomSupreme Court of Minnesota · 1930
  3. Wanzel's EstateSupreme Court of Pennsylvania · 1929
  4. Estate of LindquistCalifornia Supreme Court · 1944
  5. City of Atlanta v. StokesSupreme Court of Georgia · 1932

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