Kern v. State Tax Commission

This case presents the question of the construction and application of section 249-aa of the Tax Law, governing the making of refunds of estate taxes. The controversy grows out of the following facts: The testatrix died on October 29, 1946. On April 28, 1947 the petitioner voluntarily made a prepayment of estate taxes in the amount of $16,000, on the basis of the petitioner’s own estimate, to secure the benefit of the 5% prepayment discount provided in section 249-z of the Tax Law. Subsequently, on October 18, 1948 the Surrogate of Livingston County made an order determining the amount of the…