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

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M. Bender, 1909 - 765 pages

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Contents

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
Copyright

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Page 63 - A deposit by one person of his own money, in his own name as trustee for another, standing alone, does not establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass book or notice to the beneficiary.
Page 41 - When the transfer is oy will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state.
Page 169 - Future estates are either vested or contingent. They are vested, when there is a person in being, who would have an immediate right to the possession of the lands, upon the ceasing of the intermediate or precedent estate.
Page 666 - March 1, 1914, leaving a last will and testament which was duly admitted to probate in the superior court of the county of Los Angeles.
Page 543 - An appeal authorized by this title, must be taken, within thirty days after service, upon the attorney for the appellant, of a copy of the judgment or order appealed from, and a written notice of the entry thereof.
Page 391 - He shall, at such time and place, appraise the same at its fair market value, as herein prescribed, and for that purpose the said appraiser is authorized to issue subpoenas and to compel the attendance of witnesses before him and to take the evidence of such witnesses under oath concerning such property and the value thereof; and he shall make report thereof and of such value in writing, to the said surrogate, together with the depositions of the witnesses examined, and such other facts in relation...
Page 364 - If a foreign executor, administrator or trustee shall assign or transfer any stock or obligations in this state standing in the name of a decedent, or in trust for a decedent, liable to any such tax, the tax shall be paid to the state comptroller or the treasurer of the proper county on the transfer thereof.
Page 101 - When the transfer is of property made by a resident or by a nonresident when such nonresident's property is within this state, or within its jurisdiction, by deed, grant, bargain, sale or gift, made in contemplation of the death of the grantor, vendor or donor, or intended to take effect in possession or enjoyment at or after such death.
Page 393 - When property is transferred in trust or otherwise and the rights, interests or estates of the transferees are dependent upon contingencies or conditions whereby they may be wholly or in part created, defeated, extended or abridged, a tax shall be imposed upon...
Page 659 - The people of the State of New York, by the Grace of God, Free and Independent...

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