89 N.J. Eq. 171 | N.J. Super. Ct. App. Div. | 1918
This appeal is from an assessment of an inheritance tax upon the succession of a foreign decedent’s estate and in respect of so much as attacks the refusal of reduction in the appraisal to the extent of the federal war tax of September 8th, 1916, public laws, vol. 39, p. 777, amended 1917, Ibid. 1002, is controlled by “Estate of Ferdinand W. Roebling,”' and the deduction will be allowed.
An appeal was also taken from an appraisement at $280 per share of fifteen thousand nine hundred and sixty-one shares of the common capital stock of the American Radiator Company,
The practice which has grown up of introducing testimony, on appeal, on questions of values, is indefensible, and unfair to the comptroller. Jurisdiction is broadly conferred upon the court “to hear and determine all questions in relation to any tax levied under the provisions of this act,” but it certainly was not the intention of the legislature to burden the court with the labor of appraising estates de novo. That function is committed to the comptroller, and on appeal Ms judgment is to be reviewed in the light of the facts upon which it is founded. Hereafter, appeals will be heard upon the record made before that official and certified to the court. Applications to open and revise assessments, and for that purpose to let in additional testimony, will be made to the comptroller, and from his refusal an appeal may be taken.
The assessment will be corrected as indicated.