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CHAPTER X.
TAXABLE TRANSFERS - LIEN OF TAX
-
AND COLLECTION
THEREOF, § 224, TAX LAW Refund of TAX ERRONEOUSLY
PAID, 225, TAX LAW-INTEREST ON REFUNDS.
....
PAGE.
334
335
PAR. 380. Lien of tax and collection by executors, administrators,
and trustees
381. The general subject....
382.
The tax is a lien upon the property until paid......... 336
383. The two-year limitation to enforce payment does not ap-
ply
336
......
384.
Neither the two nor six-year limitation apply to this
statute
385.
386.
Limitations prescribed by section 282 of the Tax Law.. 337
Only applies to bona fide purchasers....
338
387.
Liability to purchasers of real property within six years
from accrual of tax...
389. Executors, administrators, or trustees - liability...... 341
Executors liable, although estate has been distributed... 341
Tax on transfer of real estate-not to be assessed
against executor
342
392.
Sale of what property to pay tax..
393.
Surrogate cannot decide executor's liability to pay tax on
motion
397. Duty of foreign executrix as to marshaling assets.
398. When order should relieve executors from liability of
Surrogate cannot direct Comptroller to refund..
Refund after time to appeal has expired.....
348
349
405. The two-year limitation- chapter 382, Laws 1900.... 349
406.
407. Application for refund must be made within one year
from reversal or modification of order..
408. When interest attaches to a refund..
When proceeding is commenced within the two-year limi-
PAR. 409. Mandamus will lie to enforce payment of interest on
refund
353
410. Statute need not provide for interest when directing a
355
.....
411. Amendment of 1907 prohibiting payment of interest on
refunds
412. Right to refund is not a vested right...
356
413. Refund of temporary payment....
414. Order need not direct Comptroller to refund..
415. Taxing debts, etc., erroneously allowed..
357
CHAPTER XI.
BEQUESTS IN LIEU OF COMMISSIONS, § 226, TAX LAW - LIA-
BILITY OF CERTAIN CORPORATIONS TO TAX, § 227, TAX LAW.
PAR. 416. Tax upon devises and bequests in lieu of commission.... 358
417. Prior to 1892- excess over "reasonable compensation
for services" was taxable.....
359
418. Tax on legacy to executor subsequently renounced.... 360
419. Former section 226 relating to deferred payments.... 360
420. Effect of electing to defer payment after chapter 76,
Laws 1899
421. Liability of certain corporations to tax.
422.
361
362
365
366
Provisions of this section generally complied with.
423. Penalty for failure to comply with this statute....
424. Consent of Comptroller to transfer-how obtained.... 366
425.
Resident transfer agent not obliged to obtain consent
for transfer of stock of foreign corporation when owned
by a nonresident decedent....
426.
Corporations transfer at their peril — when..
367
427. Obligation to give notice rests upon the bank or other
depository
... 367
368
428. Corresponding sections of former statutes - relative to
the liability of certain corporations to tax..
CHAPTER XII.
JURISDICTION OF THE SURROGATE, § 228, TAX Law APPOINT-
MENT OF APPRAISERS, STENOGRAPHERS AND CLERKS, § 229,
TAX LAW.
... 373
PAR. 432. Determine all questions relating to said act...
433. Jurisdiction of surrogate not affected by repeal of Act of
1885 ..
374
434. It surrogate acts without jurisdiction he can modify his
decree
435. Where property of nonresident is in two or more counties. 375
436. When without jurisdiction - incident......
437. Jurisdiction when power of appointment is exercised... 376
438. Ancillary letters can issue only to or with the consent
of the foreign executor....
... 374
... 376
.... 376
439.
440.
441.
Ancillary letters unnecessary in transfer tax proceedings. 377
Jurisdiction over stock in domestic corporations..
What irregularity don't affect......
377
442.
Distribution does not affect the jurisdiction.....
378
443. Corresponding sections of former acts relating to the
jurisdiction of the surrogate.....
... 378
444.
445.
Appointment of appraisers, stenographers, and clerks... 379
A transfer tax appraiser is a public officer......
446. Appraiser appointed under this section can be removed
at the pleasure of the Comptroller...
381
447. The general subject....
382
448. Chapter 658, Laws of 1900, is constitutional..... .... 384
449. County treasurers to act as appraisers in certain counties
chapter 173, Laws of 1901, is constitutional...... 385
---
CHAPTER XIII.
PROCEEDINGS BY APPRAISERS, § 230, TAX LAW,
For particular reference to proceedings by appraisers in nonresident
cases, see Chapter VII.
PAR. 450. Proceedings by appraisers....
388
451. Duty of surrogate to appoint an appraiser is imperative
457. State Comptroller's right to an appraisal..
458. Where property is in several counties.
397
460.
PAR. 459.
Appraisal of interest when postponed..
What statute controls proceedings.
461. Notice of appraisal ....
398
462. Notice held sufficient under Act of 1887....
463. People interested party under Act of 1885.....
399
464.
Surrogate may be compelled by mandamus to order ap-
praisal of estates...
465.
The duties of an appraiser are of a quasi-judicial char-
acter
466. Hearings before appraiser....
...400
467. Amount of estate must be proved to warrant assessment. 401
468.
How tax is to be collected is immaterial.....
401
469.
Taxation where decedent leaves no known heir or next
of kin
Nonresident executor when not obliged to testify.... 405
476. Witness refusing to answer material question liable for
contempt
405
406
479.
480.
Increase of property-not to be appraised..
Appraisal of residuary estate when part thereof is sub-
ject to appointment....
... 406
Procedure in appraising trust fund passing by exercise
of a power of appointment...
481.
Procedure where part of decedent's property was adminis-
tered upon in another State and such decedent was sub-
sequently, and while proceedings were pending here, de-
clared a resident of this State.....
407
482.
Effect of failure to tax known property..
410
483.
When omission to tax life estate amounts to an express
reservation thereof
484.
When failure to tax remainder does not bar subsequent
proceedings therefor
Valuation of unlisted stocks.....
PAR. 492.
Second appraisal - cannot increase value of assets.... 415
499.
500.
Correction of mathematical errors..
When appraiser acts in excess of authority..
501. Appraisal of bonds, stocks, and securities...
502. Valuation of stock is a question of fact.
503.
504. Facts and circumstances which may affect the market
415
416
417
418
419
value of stock......
420
505. "Clear market value" -"fair market value as applied
to a large holding of unlisted stock in a private corpo-
ration
Brokers' quotations". not conclusive as to value of
stock ....
422
507. Stocks of domestic corporations are appraised at their
market value regardless of where their capital is em-
ployed
423
508. Stocks of corporations organized in this and adjoining
States when owned by a nonresident decedent-basis
511. Taxable value where there is no market value..
514. Notes directed to be canceled appraisal of.
515. Notes or claims in litigation....
428
--
516. Disputed claims - not appraised at face value..
517. Worthless account excluded.....
518.
519.
Evidence of value of real estate...
Error for appraiser to value real property greater than
shown by evidence.....
429
... 429
to be appraised....
520. Real property impressed with a resulting trust when not
521. Procedure where executors were given residuary estate
to divide among American charities......
522. Where claim is made to one-half of a decedent's estate
taxation thereof will be reserved....
... 430
431