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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George Washington McElroy
M. Bender, 1909 - Broj stranica: 765
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Id in trust
40
Personal property wherever situated is taxable
46
Stock pledged as collateral to loan redeemed is tax
58
91
71
Bond and mortgage held by husband and wife jointly
77
Saving bank deposits
80
force antenuptial agreement
83
Increase accruing after decedents death
84
Legacy is a naked right until reduced to possession
90
Purchase and maintenance of burial plot
96
TAXABLE TRANSFERS 220 TAX LAWIN CONTEMPLATION
100
Distinction between gifts inter vivos and causa mortis
107
Gifts not made in contemplation of death of donor
114
When the transfer of decedents right title and interest
131
PAR 286
134
CHAPTER VI
137
Distinction between the Cooksey and Lansing cases
166
Power exercised by nonresident decedent over funds
172
275
180
214
190
Section 15 of chapter 713 Laws of 1887 relating to
193
Residence of decedentpractice where issue in respect
202
The mere right to a legacy or a residuary estate is
231
Debts owing by a resident to a nonresident constitute
239
Money deposited with a trust company
246
Life insurance policies claim thereunder when
252
Notes and bonds secured by real estate without this State
256
Distinction between property in this State passing by
262
288
270
PAR
283
302
287
Burden of proof
293
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
Remission of interest
328
Surrogates power to remit penalty
329
Liability to pay is an accrued right
330
TAXABLE TRANSFERS LIEN OF
333
388
340
70
343
400
347
71
350
When interest attaches to a refund
353
CHAPTER XI
358
422
365
CHAPTER XII
371
Determine all questions relating to said act
373
Jurisdiction of surrogate not affected by repeal of Act of 1885 374 434 It surrogate acts without jurisdiction he can modify his decree
374
Where property of nonresident is in two or more counties
375
When without jurisdictionincident
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
Duty of surrogate to appoint an appraiser is imperative surrogates discretion
393
PAB 429
394
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
75
433
76
441
CHAPTER XIV
445
The general subject
447
incident
463
555b Where life tenant can exercise a power of appoint
470
Defeasible interests transfers
476
Taxes due on real estate without this State not a debt
488
Debts due New York creditors by nonresident decedent
494
Debts owing resident creditors must be deducted from
495
The amount of the individual bond of a decedent accom
501
622
507
CHAPTER XVI
509
Determination of surrogate
510
Value of the estate and amount of tax how determined 511
511
Meaning of the phrase as of course
512
Notice of determination to whom given
513
binding upon the question of taxation only
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
720
553
Conclusiveness of an appraisal
559
Corresponding sections of former acts relating to com
565
752
571
773
584
Same construction in reference to property passing
590
Appendix Decedent Estate Law 599631
599
Forms
635
576
680
252
689
General Index
697
Index to Forms 763 12211
725
TAXABLE TRANSFERS 220 TAX LAW PROPERTY
742
Accrued rights prior to Transfer Tax
748
Table of Cases Cited 675
753
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Stranica 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.
Stranica 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.
Stranica 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.
Stranica 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.
Stranica 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.
Stranica 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...
Stranica 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.
Stranica 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.
Stranica 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...
Stranica 659 - The people of the State of New York, by the Grace of God, Free and Independent...

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