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Keywords

defendantattorneyliabilitystatutewilltax lawcorporation
defendantattorneyliabilitystatutewilltax lawcorporation

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Si Min Cen v. U.S. Attorney Gen.

Facts

The stock in question was owned by a nonresident decedent whose will transferred the stock to a legatee. The legatee surrendered the stock certificate to the company, which then transferred the stock on its books and issued a new certificate in the legatee's name without notifying the proper county treasurer. The attorney general sought to recover inheritance taxes on this stock, leading to the dispute over the company's liability.

The stock in question was owned by a nonresident decedent whose will transferred the stock to a legatee. The legatee surrendered the stock certificate to the company, which then transferred the stock on its books and issued a new certificate in the legatee's name without notifying the proper county treasurer. The attorney general sought to recover inheritance taxes on this stock, leading to the dispute over the company's liability.

Issue

Is the defendant company liable for the inheritance tax on stock transferred from a nonresident decedent to a legatee, given that the company did not notify the county treasurer of the transfer?

Is the defendant company liable for the inheritance tax on stock transferred from a nonresident decedent to a legatee, given that the company did not notify the county treasurer of the transfer?

Rule

The Michigan inheritance tax law specifies the persons liable for the payment of the tax and does not include corporations that merely transfer stock on their books without holding or controlling the stock.

The Michigan inheritance tax law specifies the persons liable for the payment of the tax and does not include corporations that merely transfer stock on their books without holding or controlling the stock.

Analysis

The court analyzed the statutory provisions and determined that the defendant company did not hold or control the stock in question within the meaning of the inheritance tax law. The court concluded that the company was not among the entities specified in the statute as liable for the inheritance tax, as it did not have control over the stock owned by the decedent.

The court analyzed the statutory provisions and determined that the defendant company did not hold or control the stock in question within the meaning of the inheritance tax law. The court concluded that the company was not among the entities specified in the statute as liable for the inheritance tax, as it did not have control over the stock owned by the decedent.

Conclusion

The court reversed the judgment of the circuit court, concluding that the defendant company was not liable for the inheritance tax.

The court reversed the judgment of the circuit court, concluding that the defendant company was not liable for the inheritance tax.

Who won?

The defendant company prevailed in the case because the court found that the statute did not impose liability for the inheritance tax on the company.

The defendant company prevailed in the case because the court found that the statute did not impose liability for the inheritance tax on the company.

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