Smadbeck v. State Tax Commission

New York Court of Appeals

Smadbeck v. State Tax Commission

309 N.E.2d 126, 33 N.Y.2d 930, 353 N.Y.S.2d 724, 1973 N.Y. LEXIS 860

DecidedDecember 28, 1973

StatusPublished

This text of 309 N.E.2d 126 (Smadbeck v. State Tax Commission) 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

Smadbeck v. State Tax Commission, 309 N.E.2d 126, 33 N.Y.2d 930, 353 N.Y.S.2d 724, 1973 N.Y. LEXIS 860 (N.Y. 1973).

Pincite

Opinion

Order reversed, with costs, the determination of the State Tax Commission annulled and the matter remitted to the commission for further proceedings in accordance with the following memorandum: The legislative history of the 1938 amendment to section 209 of the Tax Law (L. 1938, ch. 541, § 4) makes it clear that the deletion of the phrase “by a foreign corporation ” was not intended to subject domestic trusts merely holding real property to the corporate franchise tax for the first time but was rather, a change of form alone. (See Tax Law, § 209, as amd. by L. 1938, ch. 541, § 4, and by L. 1969, ch. 1072, § 2 ; Graves, Review of 1938 Tax Legislation, 10 N. Y. State Bar Assn. Bulletin 121, 123; N. Y. Legis. Doc., 1939, No. 11, p. 57.) [932]*932Accordingly, the order of the Appellate Division should be reversed and the determination of the State Tax Commission annulled, with costs, and the matter remitted to the State Tax Commission for further proceedings in accordance with this memorandum.

Concur: Chief Judge Fuld and Judges Bubke, Bbbitel, Jasen, Gabeielli, Jones and Wachtleb.

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Order reversed, with costs, the determination of the State Tax Commission annulled and the matter remitted to the commission for further proceedings in accordance with the following memorandum: The legislative history of the 1938 amendment to section 209 of the Tax Law (L. 1938, ch. 541, § 4) makes it clear that the deletion of the phrase “by a foreign corporation ” was not intended to subject domestic trusts merely holding real property to the corporate franchise tax for the first time but was rather, a change of form alone. (See Tax Law, § 209, as amd. by L. 1938, ch. 541, § 4, and by L. 1969, ch. 1072, § 2 ; Graves, Review of 1938 Tax Legislation, 10 N. Y. State Bar Assn. Bulletin 121, 123; N. Y. Legis. Doc., 1939, No. 11, p. 57.) [932]*932Accordingly, the order of the Appellate Division should be reversed and the determination of the State Tax Commission annulled, with costs, and the matter remitted to the State Tax Commission for further proceedings in accordance with this memorandum.

Concur: Chief Judge Fuld and Judges Bubke, Bbbitel, Jasen, Gabeielli, Jones and Wachtleb.

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Bluebook (online)

309 N.E.2d 126, 33 N.Y.2d 930, 353 N.Y.S.2d 724, 1973 N.Y. LEXIS 860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smadbeck-v-state-tax-commission-ny-1973.