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Matter of Weiden

Court of Appeals of the State of New York
Nov 21, 1933
188 N.E. 270 (N.Y. 1933)

Opinion

Argued October 2, 1933

Decided November 21, 1933

Appeal from the Supreme Court, Appellate Division, Second Department.

Seth T. Cole for appellant.

Benjamin Greenspan and Nathan Kogan for respondents.


In Tyler v. United States ( 281 U.S. 497); Gwinn v. Commissioner ( 287 U.S. 224); Third National Bank Trust Co. v. White ( 287 U.S. 577) the Supreme Court has indicated that the tax does not violate the provisions of the United States Constitution. We will apply the same rules in determining the effect of similar provisions of the Constitution of this State, for the purpose of maintaining the uniformity of administration of the Tax Law (Cons. Laws, ch. 60) which the Legislature has sought to achieve.

The orders of the Appellate Division and of the Surrogate should be reversed, without costs, and the matter remitted to the Surrogate for the purpose of including in the transfer tax the estates by the entirety.

POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN, HUBBS and CROUCH, JJ., concur.

Ordered accordingly.


Summaries of

Matter of Weiden

Court of Appeals of the State of New York
Nov 21, 1933
188 N.E. 270 (N.Y. 1933)
Case details for

Matter of Weiden

Case Details

Full title:In the Matter of the Estate of ROBERT WEIDEN, Deceased. STATE TAX…

Court:Court of Appeals of the State of New York

Date published: Nov 21, 1933

Citations

188 N.E. 270 (N.Y. 1933)
188 N.E. 270

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