State ex rel. Kempsmith v. Widule
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Milwaukee county: Orren T. Williams, Circuit Judge. Certiorari action to test tbe validity of tbe assessment of an income tax, under tbe laws of tbis state, on an annuity bequeathed to Abbie W. Kempsmith by ber husband, Frank Eempsmith. Mr. Kempsmith, by will, left a considerable estate in trust, in part, to pay out of tbe net income thereof $3,600 per year to bis wife, Abbie, so long as she should live.
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Appeal from a judgment of tbe circuit court for Milwaukee county: Orren T. Williams, Circuit Judge. Certiorari action to test tbe validity of tbe assessment of an income tax, under tbe laws of tbis state, on an annuity bequeathed to Abbie W. Kempsmith by ber husband, Frank Eempsmith. Mr. Kempsmith, by will, left a considerable estate in trust, in part, to pay out of tbe net income thereof $3,600 per year to bis wife, Abbie, so long as she should live. In due course, tbe bequest was valued under tbe inheritance tax law of tbe state, tbe prescribed inheritance tax was assessed thereon, and was…
1Opinion of the CourtMarshall, J.
As above indicated, this appeal involves only this question: If a testator wills property in trust to be invested and a specified sum per year paid out of the net income to a designated beneficiary for life, and such benefi.-ciary’s interest in the estate is appraised and the statutory inheritance tax is paid thereon, do the yearly payments made thereafter to the annuitant, constitute income under the income tax laws of this state? We must look to the written law for the answer.
We will rest the case on the letter of the statute, and the logic thereof as heretofore declared by this court that…
2Cases cited2 opinions
- Nunnemacher v. StateWisconsin Supreme Court · 1906
- State v. BullenWisconsin Supreme Court · 1910
3Cited by8 opinions
- State ex rel. Froedtert Grain & Malting Co. v. Tax CommissionWisconsin Supreme Court · 1936
- Norris v. Wisconsin Tax CommissionWisconsin Supreme Court · 1931
- State v. MerrillWisconsin Supreme Court · 1933
- Allen v. First National Bank of MadisonWisconsin Supreme Court · 1943
- State ex rel. Field v. WiduleWisconsin Supreme Court · 1915
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