Smart v. Wis. Tax Comm'n
| Decision Date | 12 June 1931 |
| Citation | 237 N.W. 114,205 Wis. 632 |
| Parties | SMART v. WISCONSIN TAX COMMISSION. |
| Court | Wisconsin Supreme Court |
OPINION TEXT STARTS HERE
Appeal from a judgment of the Circuit Court for Milwaukee County; August E. Braun, Judge.
Appeal to the circuit court by Ina V. Smart, executrix of the will of Edward M. Smart, deceased from an order of the Wisconsin Tax Commission affirming an additional income tax assessment. From a judgment reversing the order, the Commission appeals.--[By Editorial Staff.]
Affirmed.
The judgment appealed from reversed an order of the Wisconsin tax commission in which the commission affirmed an additional assessment by the assessor of incomes of Milwaukee county against the respondent on account of income of $15,484.50 received during the year 1927. The deceased, Edward M. Smart, died testate January 7, 1927. At the time of his death he was a member of the partnership of Fawsett, Smart & Shea, attorneys at law, in the city of Milwaukee. The sum of $15,484.50 represents the value of the partnership interest of said deceased in certain uncollected assets of the partnership consisting of accrued annual retainers and liquidated and unliquidated claims for services rendered. The value of such interest in said assets was included in the corpus of the estate in the inventory thereof prepared August 4, 1927, and filed in the proceedings relating to the administration of the estate of said deceased in the county court of Milwaukee county, Wis. This item was also included in the corpus of said estate in the determination of the inheritance tax due on a transfer thereof.John W. Reynolds, Atty. Gen., F. C. Seibold, Asst. Atty. Gen., and George A. Bowman, Dist. Atty., and C. Stanley Perry, Asst. Dist. Atty., both of Milwaukee, for appellant.
Fawsett & Shea, of Milwaukee (Kenneth E. Smart, of Milwaukee, of counsel), for respondent.
The decision in this case is controlled by the authorities and reasoning of Norris v. Cary (Wis.) 237 N. W. 113, decided herewith. The taxpayer here insists that no part of the sum of $15,484.50 is income to this taxpayer within the meaning of that term as used in section 1, article 8, Constitution of Wisconsin, or as used in chapter 71 of the Wisconsin Statutes. [1][2][3] The law under which the taxing authorities seek to reach this item and tax it as income did not become effective until August, 1927. Mr. Smart died on January 7th preceding. This legislation did not change certain items into income which, by...
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