People Ex Rel. Smyth v. Lynch

New York Court of Appeals

People Ex Rel. Smyth v. Lynch

175 N.E. 344, 255 N.Y. 629, 1931 N.Y. LEXIS 767

DecidedFebruary 10, 1931

StatusPublished

This text of 175 N.E. 344 (People Ex Rel. Smyth v. Lynch) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People Ex Rel. Smyth v. Lynch, 175 N.E. 344, 255 N.Y. 629, 1931 N.Y. LEXIS 767 (N.Y. 1931).

Pincite

Opinion

Per Curiam.

Nothing in our decision was intended to reflect upon the good faith of the relator or the sincerity of his belief that the moneys paid to him by his corporation were not subject to a tax.

He is chargeable with knowledge in view of the terms of the agreement that the payments so received were compensation for his work.

His belief that the essential nature of the transaction was affected by giving to the compensation the aspect or the style of dividends is unavailing to diminish his obligation to the State, an obligation which must be determined by the realities of the transaction rather than its form.

The motion should be denied, with ten dollars costs and necessary printing disbursements.

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Per Curiam.

Nothing in our decision was intended to reflect upon the good faith of the relator or the sincerity of his belief that the moneys paid to him by his corporation were not subject to a tax.

He is chargeable with knowledge in view of the terms of the agreement that the payments so received were compensation for his work.

His belief that the essential nature of the transaction was affected by giving to the compensation the aspect or the style of dividends is unavailing to diminish his obligation to the State, an obligation which must be determined by the realities of the transaction rather than its form.

The motion should be denied, with ten dollars costs and necessary printing disbursements.

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Bluebook (online)

175 N.E. 344, 255 N.Y. 629, 1931 N.Y. LEXIS 767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-smyth-v-lynch-ny-1931.