Benjamin N. Cardozo

Name: Lee v. Bickell — Opinion of the Court
Author: Benjamin N. Cardozo

Summary

“Lee v. Bickell — Opinion of the Court”, is a work by Benjamin N. Cardozo. It explores elements such as New York, Florida and memorandum.

Quotes from Lee v. Bickell — Opinion of the Court (Benjamin N. Cardozo)

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ One finds it hard, indeed, to see how the collection of the tax would be workable as an administrative problem if a broker were free to choose between stamping his own copy of a document and stamping the duplicate delivered as a memorandum to his customer. The taxing officials could never learn through an inspection of the files whether the mandate of the statute had been followed or ignored. One of the major merits of a stamp tax is to make the evidence of payment visible and almost automatic. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ Not only the first memorandum would be taxable, but every copy of a copy, and every entry of the transaction in one book or in many. There is significance in the unwillingness of the comptroller to press his claim so far. Refusing to concede that he is not at liberty under the statute to tax as many entries as he can find, he has none the less chosen in the administration of his office to tax the same transaction only once. The choice supplies a gloss upon the intention of the lawmakers. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ In brief, the memorandum of sale or delivery to be taxed under the statute is not every note or entry made in Florida recording a transaction elsewhere. It is the kind of note or entry exacted by the statute where there is an executory agreement or a transfer by delivery, a note or entry to be handed by the seller to the buyer as an evidence of contract or as a muniment of title. If another view were to prevail, the tax could be multiplied repeatedly as the product of the same transaction. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ By section 270 of the Tax Law of New York, a stamp tax is imposed upon 'all sales, or agreements to sell, or memoranda of sales and all deliveries or transfers of shares or certificates of stock * * * in any domestic or foreign association, company or corporation * * * whether made upon or shown by the books of the association, company, corporation or trustee, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of sale or transfer, whether intermediate or final. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ The comptroller does not contend that any document signed by the brokers in New York is subject to the tax. To the contrary, there is a concession that the stamp taxes applicable to such transactions are those imposed by the New York statute (New York Tax Law (Consol. Laws c. 60) , § 270) and by a statute of the United States (26 U.S.C. § 901 (3) , 26 USCA § 901 (3) , which are substantially the same as the stamp tax law of Florida. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ In addition to the telegraphic notice to its Florida representatives, the New York office follows the practice of sending notice of the purchase by mail directly to the customer. No stamp is r quired for this notice, which is signed and transmitted in New York. Finally when the purchase has been completed by delivery, there are times when the New York office, instead of holding the certificates for the account of its Florida customer, forwards them to him by registered mail. When this is done, a form of receipt is inclosed, which the customer is asked to sign. ”

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Source: Wikisource

Benjamin N. Cardozo, Lee v. Bickell — Opinion of the Court

“ The taxes claimed by the comptroller and resisted by the complainants exceed the amount necessary to sustain the federal jurisdiction. Several hundred transactions are affected every day.
The District Court held also (1) that the writings signed in Florida were not agreements or memoranda of sale or delivery within the meaning of the Florida statute; and (2) that the effect of a different construction would be to bring the statute into conflict with the Fourteenth Amendment. ”

Benjamin N. Cardozo

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