United States Supreme Court Cases & Opinions

U.S. Supreme Court

Keith v. Johnson, 271 U.S. 1 (1926)

Keith v. Johnson

No. 295

Argued January 6, 1926

Decided April 12, 1926

271 U.S. 1

Syllabus

1. The New York transfer tax (Cons.Ls. c. 60, Art. X) is primarily payable by the personal representative out of the estate, and not by the heirs, though they are required to pay if the property is transferred to them without prior deduction of the tax. P. 271 U. S. 4.

2. An executrix who paid this tax, as required, out of funds of the estate was entitled, under the Revenue Act of 1916, to deduct the amount from the income of the estate, during administration, for the purpose of computing the net income subject to the federal income tax. P. 271 U. S. 9.

3 F.2d 361 affirmed.

Certiorari to a judgment of the circuit court of appeals affirming a judgment in the district court against the Collector in an action to recover money paid under protest as an income tax.

Page 271 U. S. 3