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CONTAINING ALL AMENDMENTS TO THIS LAW FROM JUNE 1ST,
1909, TO JANUARY 1ST, 1912, WITH A DIGEST OF ALL
TRANSFER TAX CASES DECIDED SINCE THE DATE OF THE
SECOND EDITION OF THIS WORK, TO JANUARY 5TH, 1912.

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Assistant Chief Clerk, Transfer Tax Bureau, State Comptroller's Office,
Albany, N. Y.

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MB

1912.

MATTHEW BENDER & CO.,
ALBANY, N. Y.

S

us

973,4NY
MAC

97

c+

ed 2 supp

COPYRIGHT, 1912

BY

MATTHEW BENDER & CO.

OCT 2 2 1913

SUPPLEMENT

ΤΟ

McElroy on the Transfer Tax Law

SECOND EDITION.

Containing all the amendments to this law since June 1st, 1909, to January 1st, 1912, with a digest of all Transfer Tax cases. decided since June 1st, 1909, the date of the Second Edition of this work.

The amendments of 1910 are first considered and immediately following, the amendments to the same sections by the laws of 1911 are set forth in parallel columns. The amendments to the other sections follow thereafter in their numerical order.

The amendments by Chapter 706, Laws 1910, in effect July 11th, 1910, affected §§ 220, 221, 229 and 243 of the Tax Law, and the amendments by Chapter 732, Laws of 1911, in effect July 21, 1911, affected the same sections excepting § 229. As § 229 refers only to the administrative part of this law relative to the appointment of appraisers, stenographers and clerks, the amendments to this section will not be considered until it is reached in its numerical order.

(766)

SUPPLEMENT TO MC ELROY ON THE TRANSFER TAX LAW.

767

Amendments to the Transfer Tax Law.

By Chapter 706, Laws 1910, in Effect July 11th of that Year.

§ 220. Taxable Transfers.

A tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of more than one hundred dollars or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations not exempt by law from taxation on real or personal property, in the following cases:

1. When the transfer is by 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.

2. When the transfer is by will or intestate law, of property within the State, and the decedent was a non-resident of the State at the time of his death.

3. Whenever the property of a resident decedent, or the property of a nonresident decedent within this State, transferred by will, is not specifically bequeathed or devised, such property shall, for the purposes of this article, be deemed to be transferred proportionately to, and divided pro rata among all the general legatees and devisees named in said decedent's will, including all transfers under a residuary clause of such will.

4. When the transfer is of property made by a resident or by a non-resident when such non-resident's property is within this State, 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.

5. When any such person or corporation becomes beneficially entitled, in possession or expectancy, to any property or the income thereof by any such transfer, whether made before or after the passage of this chapter.

6. Whenever any person or corporation shall exercise a power of appointment derived from any disposition of property made either before or after the passage of this chapter, such appointment when made shall be deemed a transfer taxable under the provisions of this chapter in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will; and whenever any person or corporation possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor, in whole or in part, a transfer taxable under the provisions of this chapter shall be deemed to take place to the extent of such

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