In re the Transfer Tax upon the Estate of Taylor

Headnote

Ta x — assessment of transfer tax — power of appointment — executor’s and broker’s commissions — Federal estate tax — inchoate right of dower.

Matter of Taylor, 209 App. Div. 299 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2, 1924, which affirmed an order of the New York County Surrogate’s Court assessing a transfer tax upon the estate of Henry A. C. Taylor, deceased. Appellants contended that the tax was erroneous in that it taxed property over which decedent had a power of appointment but which passed directly under the will of his father, Moses Taylor; that the entire gross value of certain real property was taxed without deduction of executor’s and broker’s commissions; that the tax failed, to allow as a deduction the amount assessed and paid as Federal estate tax; that the value of the widow’s inchoate right of dower in the real estate was not deducted.