Summary
In Matter of Heilbrunn (7 Misc.2d 341) Surrogate FRANKENTHALER affirmed a pro forma order fixing tax which was appealed from on the grounds that "the appraiser erroneously added the value of full undiminished remainder interests to the value of temporary life estates passing to the same legatees, thereby increasing the rate of tax".
Summary of this case from Matter of GulbenkianOpinion
February 27, 1953
Sidney M. Wittner for Elizabeth Sonn, as executrix of Louis Heilbrunn, deceased, petitioner.
Hamilton McInnes and Frank Gioeli for State Tax Commission, respondent.
This is an appeal by the executrix from the pro forma order of January 5, 1953 assessing a transfer tax on the appraiser's report.
Objection is made that the appraiser erroneously added the value of full undiminished remainder interests to the value of temporary life estates passing to the same legatees, thereby increasing the rate of tax.
The appraiser's computation is correct. In transfer tax proceedings the aggregate of all legacies to a single legatee must be taken into consideration under section 221-a Tax of the Tax Law as the basis for the assessment. ( Matter of Parker, 226 N.Y. 260; Matter of Auchincloss, 128 Misc. 307; Matter of Klein, N.Y.L.J., Dec. 18, 1940, p. 2097, col. 2, affd. 262 App. Div. 997. )
The appeal is therefore denied. Settle order on notice.
(Motion to renew application to resettle transfer tax orders.)
Motion for leave to renew application to amend and resettle orders fixing transfer tax is denied. The relief sought is the same as that determined by the disposition of the appeal from the pro forma tax order of January 5, 1953. Settle order on notice.