Majority
p. 740
In the Matter of the Judicial Settlement of the Account of Guisippina Parascandola, as Administratrix with the Will Annexed, etc., of Joseph Auditore, Deceased, Respondent. National Surety Company, Appellant; Thomas Cradock Hughes, Special Guardian for Pauline Auditore and Others, Infants, and Others, Respondents.[1]
Decree of the Surrogate’s Court of Kings county unanimously affirmed, with costs. If we were to assume that the income taxes imposed in 1929 represent valid corporate debts for income taxes for the years claimed, the necessary corollary is that the corporate profits for those years were many times the amount of the alleged taxes, and in that light would not indicate insolvency of the corporation. Present — Lazansky, P. J., Kapper, Carswell and Seudder, JJ.; Tompkins, J., not voting. [ 136 Misc. 664 .]
Cases cited
- In re the Estate of Auditore 136 Misc. 664 p. 740