United States Supreme Court Cases & Opinions

U.S. Supreme Court

City Bank Farmers Trust Co. v. Schnader, 293 U.S. 112 (1934)

City Bank Farmers Trust Co. v. Schnader

No. 30

Argued October 15, 1934

Decided November 5, 1934

293 U.S. 112

Syllabus

1. The power to regulate the transmission, administration, and distribution of tangible personal property rests exclusively in the State in which the property has an actual situs, regardless of the domicile of the owner. P. 293 U. S. 118.

2. A resident of New York owning paintings there lent them for exhibition in Pennsylvania, where they remained for a number of years until his death. During the interval, they were subject to be returned at any time upon his request, but it did not appear that he ever intended to have them returned, and he was willing to sell them to any purchaser who would donate them to the museum in Pennsylvania or any similar institution. Held: that the paintings acquired a situs in Pennsylvania, and their transfer by law was consequently subject to the Pennsylvania inheritance tax. P. 293 U. S. 119.

Affirmed.

Appeal from a decree of the District Court of three judges dismissing a bill to enjoin the assessment and collection of an inheritance tax. For an earlier phase of the case, see 291 U. S. 291 U.S. 24.

Page 293 U. S. 116