Allen v. Pfaltz & Bauer Realty Co.

Judgment affirmed, with costs. We are of opinion that the property, the subject of this action, was not subject to the lion of a transfer tax because of the death of one of the copartners, because the property was partnership property and title thereto at the time of the execution of the contract was, and ever since has been, vested in the plaintiffs, respondents, as copartners. (Partnership Law, § 12.) Even if plaintiffs with their deceased partner held as tenants in common, the transfer of the undivided interest of Robert J. Allen would not be taxable, for the reason that he died after the…