Tax

In the Matter of the Appraisal of the Estate of Morton W. Rundel, Deceased, under the Acts in Relation to Taxable Transfers of Property. The Comptroller of the State of New York, Appellant; Elizabeth A. Holmes and Another, Respondents

179 A.D. 958·New York Supreme Court, Appellate Division·1917·NY

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Opinion

In the Matter of the Appraisal of the Estate of Morton W. Rundel, Deceased, under the Acts in Relation to Taxable Transfers of Property. The Comptroller of the State of New York, Appellant; Elizabeth A. Holmes and Another, Respondents. Order reversed, and the first order of the surrogate confirming the appraiser’s report reinstated, with costs to appellant. Held, we are of opinion that, on the evidence, the surrogate erred in holding that the gifts in question were not made by the decedent in contemplation of his death. The weight of the evidence is, we think, to the effect that they were so made, and that they are subject to the transfer tax prescribed by subdivision 4 of section 220 of the Tax Law. See Consol. Laws, chap. 60 (Laws of 1909, chap. 62), § 220, subd. 4, as amd. by Laws of 1911, chap. 732. Since amd. by Laws of 1915, chap. 664, and Laws of 1916, chap. 323.— [Rep. [MAJORITY] All concurred.