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Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929)
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Safe Deposit & Trust Co. v. Commonwealth No. 20 Argued October 24, 1929 Decided November 25, 1929 280 U.S. 83
APPEAL FROM THE SPECIAL COURT OF APPEALS OF VIRGINIA
1. Cause held properly here on appeal; certiorari denied. P. 89.
2. A statute of a state which undertakes to tax things wholly beyond her jurisdiction or control conflicts with the Fourteenth Amendment. P. 92.
3. Mobilia sequuntur personam is a fiction intended for convenience, not controlling where justice does not demand it, and not to be applied if the result would be a patent and inescapable injustice through double taxation, or otherwise. Pp. 92-93.
4. Intangibles, such as stocks and bonds, in the hands of the holder of the legal title, with definite taxable situs at that owner’s residence not subject to be changed by the equitable owner, may not be taxed at the latter’s domicile in another state. P. 93.
5. A citizen of Virginia transferred a fund of stocks and bonds to a Maryland Trust Company in trust for his two minor sons. The trustee was empowered to change the investments and was to accumulate the income, first paying taxes and its own commissions, and, as each son attained the age of twenty-five years, was to pay him one-half of the principal with the income accumulated thereon. If either son died before receiving his share, his share was to be paid over to his children, if he left any; otherwise it was to be added to that of the surviving son and held for his use and benefit in the same manner as the original share of that son was held. The deed made no provision for the event of death of both sons under twenty-five without issue. The donor reserved to himself a power of revocation, but died in Virginia without exercising it. The Trust Company continued to hold the original securities in Baltimore, Maryland, and paid the taxes regularly demanded by that City and state on account of them. Administration of the donor’s estate was had in Virginia, where the two sons, still in their minority, also were domiciled. The courts of Virginia sustained a Virginia tax upon the whole corpus of the trust estate by regarding the sons, in conjunction with the administrator, as the real owners of it. Held that the tax was on property beyond the jurisdiction of the state, and invalid under the Fourteenth Amendment. 151 Va. 883, reversed.
Appeal from a judgment of the Special Court of Appeals of Virginia which affirmed a judgment denying relief to the trust company from assessments of taxes.
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Chicago: U.S. Supreme Court, "Syllabus," Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929) in 280 U.S. 83 280 U.S. 84–280 U.S. 89. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=RC1X6IUV1DEXG84.
MLA: U.S. Supreme Court. "Syllabus." Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929), in 280 U.S. 83, pp. 280 U.S. 84–280 U.S. 89. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=RC1X6IUV1DEXG84.
Harvard: U.S. Supreme Court, 'Syllabus' in Safe Deposit & Trust Co. v. Commonwealth, 280 U.S. 83 (1929). cited in 1929, 280 U.S. 83, pp.280 U.S. 84–280 U.S. 89. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=RC1X6IUV1DEXG84.
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