Citation Numbers: 207 Misc. 327
Judges: Yeager
Filed Date: 3/2/1955
Status: Precedential
Modified Date: 2/5/2022
The Surrogate has no authority to waive interest, if the estate tax is not paid within eighteen months after its accrual and no extension has been secured for its payment.
The terms of the tax statute cannot be varied by the Surrogate. It must be enforced as written. (Tax Law, § 249-z, subd. 1.)
No court possesses any inherent power to vary the terms of an express statute. (Matter of Zweig, 145 Misc. 839 ; Matter of Buderov, 274 N. Y. 525.)
The tax imposed by this article shall he due and payable at the time of the decedent’s death, and this fact is not altered by reason of the circumstance that the new owner does not assume actual possession of the property transmitted, or is even unaware of it, provided only that possession is subsequently assumed.
Authority is conferred by statute upon the Surrogate to reduce the interest from 10% to 6% upon a showing that a delay in pay