Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 127

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 127

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: respect of the property of a decedent, the fiction of law, embodied in the maxim above referred to, under the theory underlying the statute, may not under our construction of the act extend so as to embrace, in every aspect, the intangible property of the decedent. regardless of its actual or fixable situs. "The fiction that personal property has no sttus but that of the owner will always yield whenever the actual fact is opposed to the fiction, and when the purposes of justice likewise demand that the actual situs shall be examined." Street Railway V. Morrow, 87 Tenn., 428, 11 S. W., 353. When a decedent leaves, under a will, property in this and another State, the fiction appears to be yieldable to an extent, in that it is only property "held or controlled." for taxation purposes that the executor is to return for taxation in the county where decedent resided, and not property owned. This should exclude property not controlled here for taxation, by a Tennessee executor, and legally subject to have fixed to it situs for taxation in, McKennon v. McFall. and by virtue of the law of, another State; this, since I our act, in its converse phase, provides for the taxation of property of decedents living in another State, at the place where the personal representative resides (section 5 2 ), and we deem it unfair to impute to the legislature a motive to take where and what it does not reciprocally yield. It was within the power of the legislature to have applied the fiction of the maxim in full force, and so as to have fixed for taxaton the sitas here of all the intangible property of the decedent, located physically outside the State. Empress 0'0. v. Patterson, 122 Tenn., 291', 123 S. W., 353, and cases cited. To...
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Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236836073
  • 9781236836076