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MATTER OF MONROE v. BATES

204 Misc. 23 (1952)

In the Matter of Ellis Monroe et al., as Executors of Paul Monroe, Deceased, Petitioners, v. Spencer E. Bates et al., Constituting The New York State Tax Commission, Respondents.

Supreme Court, Special Term, Albany County.

November 7, 1952.

Attorney(s) appearing for the Case

Warren C. Du Bois for petitioners.

Nathaniel L. Goldstein, Attorney-General (Mortimer M. Kassell, Special Assistant Attorney-General, of counsel), for respondent.

SCHIRICK, J.

This is an application for an order directing the State Tax Commission to certify to the Comptroller that the petitioners are entitled to a refund of an overpayment of an estate tax.

Paul Monroe, deceased, died on December 6, 1947. On June 5, 1948, the petitioners made a temporary payment of $950 on account of the estate tax in order to qualify for the discount permitted by section 249-z of...

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