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SCHROEDER v. ZINK

4 N.J. 1 (1950)

71 A.2d 321

MARIAN L. SCHROEDER, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF ARTHUR F. SCHROEDER, DECEASED, AND ATLAS REFINERY, INC., APPELLANTS-PETITIONERS, v. HOMER C. ZINK, COMMISSIONER, ACTING AS DIRECTOR, DIVISION OF TAXATION, DEPARTMENT OF TREASURY, RESPONDENT.

The Supreme Court of New Jersey.

Decided February 6, 1950.

Attorney(s) appearing for the Case

Mr. Ralph E. Lum, Jr., argued the cause for the appellants (Messrs. Lum, Fairlie & Foster, attorneys).

Mr. William A. Moore argued the cause for the respondent (Mr. Theodore D. Parsons, Attorney General of New Jersey, attorney).

The opinion of the court was delivered by ACKERSON, J.

This appeal involves the applicability of the Transfer Inheritance Tax Act, R.S. 54:34-1(c), to the transfer of corporate stock under the circumstances disclosed by the following stipulated facts. On July 23, 1937, Arthur F. Schroeder and his brother, Leslie, were officers of and the principal stockholders in a New Jersey corporation known as Atlas Refinery (hereinafter...

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