Legal Opinion

Central Trust Co. v. James

West Virginia Supreme Court

Decided November 22, 1938No. CC 596PublishedCited by 6 opinions

1Opinion of the Court

Maxwell, President:

This case involves the question whether, in determining the amount of inheritance tax under the applicable statute of this state, there may be deduction of the amount of the federal estate tax which has been paid on the same property.

The estate involved is that of Anna Perry Caperton and was appraised at $217,407.25. The federal estate tax, laid under Act of Congress of 1926, U. S. C. A., Title 26, Section 410, was $14,720.65. This was paid by the executor.

The inheritance tax due from the Caperton estate to the State of West Virginia under its statute has been paid, except…

2Cases cited26 opinions

  1. New York Trust Co. v. EisnerSupreme Court of the United States · 1921
  2. In Re Estate of MillerCalifornia Supreme Court · 1921
  3. The People v. McCormickIllinois Supreme Court · 1927
  4. Corbin v. TownshendSupreme Court of Connecticut · 1918
  5. State v. AndersonWisconsin Supreme Court · 1919

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3Cited by6 opinions

  1. Cuppett v. NeillyWest Virginia Supreme Court · 1958
  2. Wheeling Dollar Savings & Trust Co. v. HadenWest Virginia Supreme Court · 1970
  3. Guaranty National Bank v. MitchellWest Virginia Supreme Court · 1959
  4. Kanawha Banking & Trust Co. v. AldersonWest Virginia Supreme Court · 1946
  5. In re Estate of SmithHamilton County Probate Court · 1962

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