The Transfer Tax Law of the State of New York: Being Sections 220 to 245, Both Inclusive, of Chapter 60 of the Consolidated Laws as Amended and in Effect June 1, 1909, with Annotations and References and a Complete Table of Cases and Forms, Together with an Appendix Containing the Full Text of the Decedent Estate Law, Constituting Chapter 13 of the Consolidated Laws as Amended to June 1, 1909

George Washington McElroy

M. Bender, 1909 - 765 halaman

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RELATING TO THE TRANSFER TAX	1

PAGE	7

CHAPTER II	26

State	28

When tax attaches to legacy	29

Tax will attach upon the devolution of title	30

Meaning of provision when person becomes beneficially entitled etc	31

The term Intestate Law	32

Duty of surrogate to appoint an appraiser is imperative surrogates discretion	393

Character of the law	395

When appraiser to be appointed	396

State Comptrollers right to an appraisal	397

What statufe controls proceedings	398

People interested party under Act of 1885	399

Hearings before appraiser	400

Amount of estate must be proved to warrant assessment	401

Equitable conversion could not be invoked	34

Renunciation of legacy tax is then upon the ultimate devolution	35

Assignment of legacy rate of tax not affected by	36

CHAPTER III	39

Taxable transfers	41

The nature of the tax	43

The word property is not limited to the definition thereof under the General Tax Law	44

Personal property as defined by the Statutory Con struction Law	45

When person becomes beneficially entitled etc	46

When administered upon without the State	47

Interest of decedent in surplus fund in partition suit	48

Id in establishing value of stocks	49

Id in trust etc	63

CHAPTER IV	83

Increase accruing after decedents death	84

TAXABLE TRANSFERS 220 Tax Law IN CONTEMPLATION	100

Gifts not made to take effect at or after donors death	125

CHAPTER VI	137

Decisions prior to the amendment of 1897	190

Section 15 of chapter 713 Laws of 1887 relating to	193

Residence of decedent practice where issue in respect	202

Executors can appeal although will charges tax upon	223

Notes and bonds secured by real estate without this State	256

CHAPTER VIII	270

Limitations to the five per cent class	275

Agreement between the heirs as to distribution of estate does not affect the rate of taxation	277

Where net estate is 10000 or over transfers to both the one per cent and five per cent class are taxable	279

When net estate is 500 but less than 10000 transfers to five per cent class are taxable	281

Adopted children	283

Transfer from an adopted child to its foster parent	284

Adoption under the laws of another State	285

Lineal descendant construction of phrase 99	286

does not include nephew and nieces	287

The relationship can be established as between strangers in blood	288

construction of the statute	289

The relationship must be mutual	291

Failure to show relationship	292

Burden of proof	293

Relation of the parties facts establishing	294

Rate of tax wbere legatee is both stepchild and nephew	295

Stepparent and stepchildren	296

Exemptions the right to make	297

Corporations specifically exempted by the Act of 1905	298

CHAPTER IX	314

When liability to taxation accrues under trust deed	319

When tax did not accrue until termination of life estate	320

Voluntary payment	321

Payment in case of a legacy in trust for life with re mainder over	322

Payment of tax at decedents domicile	323

Payment made under mistake of fact as to ownership of property	324

When direction to pay tax from residuary estate applies to all gifts under the will	325

When tax on trust estate to be paid from corpus of fund	326

When discount is allowed	327

Application for	328

Surrogates power to remit penalty	329

Liability to pay is an accrued right	330

TAXABLE TRANSFERS LIEN OF TAX AND COLLECTION THEREOF 224 Tax Law REFUND OF TAX ERRONEOUSLY PAID 225 Tax Law ...	333

and trustees	334

The general subject	335

The tax is a lien upon the property until paid	336

Limitations prescribed by section 282 of the Tax Law	337

Only applies to bona fide purchasers	338

Collection of tax by executors etc	340

Executors administrators or trustees liability	341

Tax on transfer of real estate not to be assessed against executor	342

Surrogate cannot decide executors liability to pay tax on motion	343

Duty of foreign executrix as to marshaling assets	344

Refund of tax erroneously paid	345

The general subject	347

Power of surrogate to order refund	348

Refund after time to appeal has expired	349

When proceeding is commenced within the twoyear limi tation	351

from reversal or modification of order	352

When interest attaches to a refund	353

CHAPTER XI	358

CHAPTER XII	371

Determine all questions relating to said act	373

Jurisdiction of surrogate not affected by repeal of Act of 1885 374 434 If surrogate acts without jurisdiction he can modify bis decree	374

Where property of nonresident is in two or more counties	375

When without jurisdiction incident	376

Ancillary letters unnecessary in transfer tax proceedings	377

Distribution does not affect the jurisdiction	378

Appointment of appraisers stenographers and clerks	379

A transfer tax appraiser is a public officer	381

The general subject	382

Chapter 658 Laws of 1900 is constitutional	384

County treasurers to act as appraisers in certain counties chapter 173 Laws of 1901 is constitutional	385

CHAPTER XIII	386

Proceedings by appraisers	388

Report of appraiser	403

Competency of witness	404

Testimony of legatee	405

Increase of property not to be appraised	406

Procedure where part of decedents property was adminis tered upon in another State and such decedent was sub sequently and while proceedings wer...	407

Effect of failure to tax known property	410

Burden of proof	411

Appraiser must take proof of adoption	412

Evidence as to declaration of testator	414

Second appraisal cannot increase value of assets	415

Surrogate may order further appraisal	416

Appraisal of bonds stocks and securities	417

Valuation of stock is a question of fact	418

Valuation of unlisted stocks	419

Facts and circumstances which may affect the market value of stock	420

Brokers quotations not conclusive as to value of stock	422

Stocks of domestic corporations are appraised at their market value regardless of where their capital is em ployed	423

Stocks of corporations organized in this and adjoining States when owned by a nonresident decedent basis of appraisal	424

Joint stock associations	426

Taxable value where there is no market value	427

Notes directed to be canceled appraisal of	428

Evidence of value of real estate	429

Procedure where executors were given residuary estate to divide among American charities	430

Where claim is made to onehalf of a decedents estate taxation thereof will be reserved	431

Where life estate is adeemed the property should be taxed	432

CHAPTER XIV	445

PAGE	447

Id rate of interest must be five per cent per annum	453

The general subject	480

Deductions generally commissions of executors and ad ministrators	482

The commissions of temporary administrators	484

Disbursements for benefit of estate	485

Taxes under greater New York charter	486

Taxes assessed in decedents lifetime	487

Taxes due on real estate without this State not a debt to be deducted from decedents personal estate	488

Expense of trust over real property should not be de ducted from the personal estate	489

When dower is not a proper deduction from decedents real estate	490

When amount paid by administrator to compromise a debt should be deducted	491

Disbursements of the executor or administrator	492

Funeral expenses	493

Debts due New York creditors by nopresident decedent	494

Debts owing resident creditors must be deducted from property of nonresident in this State	495

Doubtful claims	496

When cost of annuity a proper deduction	497

Effect of directions in will to pay debts barred by statute of limitation	498

When debt not allowed	499

Sum paid for withdrawal of objections to probate not allowed	500

The amount of the individual bond of a decedent accom panying a mortgage executed by both decedent and his wife upon real estate owned by the ...	501

Articles enumerated in subdivision 3 of section 2713 of the Code not entitled to money allowance therefor	502

Widow entitled to money equivalent in lieu of necessary provisions and fuel for sixty days	503

Creditors not accepting payment of debts by will	504

When debts owing by nonresidents not allowed	505

Tax paid in another State	506

Repairs to real estate not allowed	507

Tax directed to be paid as an administration expense	508

CHAPTER XVI	509

DETERMINATION OF SURROGATE 231 Tax Law PAGE PAB 625 Determination of surrogate	510

Value of the estate and amount of tax how determined	511

Meaning of the phrase as of course	512

Notice of determination to whom given	513

How far a judicial determination is conclusive	514

Interests of beneficiaries under the order	515

Order of exemption ex parte application for	516

When orders of exemption should be refused	517

When application to the superintendent of insurance necessary	518

Surrogate must order an appraisal upon application of an interested party	519

Surrogate can order reference to determine residence	520

What moving papers must show	521

Corresponding sections of former acts relating to the determination of the surrogate	522

Appeal and other proceedings	525

When costs not properly imposed on moving party	538

Appeal to the Appellate Division	539

When order of exemption will be vacated lack of notice to State Comptroller	540

When failure to except to ruling not a prerequisite to review	541

Appeal to the Court of Appeals matters in surrogates discretion not subject to review	542

Value of stock is a question of fact when conclusive on Court of Appeals	543

When unanimous decision of the Appellate Division is reviewable	544

When writ of error will be dismissed	545

CHAPTER XVIII	547

The order fixing tax is an entirety	548

Where former order is not res adjudicata	549

CHAPTER XXI	588

Same construction in reference to property passing	590

Appendix Decedent Estate Law 599631	599

Forms	635

General Index	697

Index to Forms	763

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The Transfer Tax Law of the State of New York: Being Sections 220 to 245 ...
New York (State)
Tampilan utuh - 1912

The Transfer Tax Law of the State of New York: Being Sections 220 to 245 ...
George Washington McElroy
Tampilan utuh - 1909

The Transfer Tax Law of the State of New York;
George W. McElroy
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Informasi bibliografi

QR code for The Transfer Tax Law of the State of New York

Judul	The Transfer Tax Law of the State of New York: Being Sections 220 to 245, Both Inclusive, of Chapter 60 of the Consolidated Laws as Amended and in Effect June 1, 1909, with Annotations and References and a Complete Table of Cases and Forms, Together with an Appendix Containing the Full Text of ... The making of modern law
Pengarang	George Washington McElroy
Editor	George Washington McElroy
Edisi	2
Penerbit	M. Bender, 1909
Tebal	765 halaman

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