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intangible property:
(1845)
1. Property that lacks a physical existence. * Examples include stock options and business goodwill. [1]
1. Rights not related to physical things, being merely relationships between persons, natural or corporate, which the law recognizes by attaching to them certain sanctions enforceable in the courts. Curry v McCanless, 307 US 357, 83 L Ed 1339, 59 S C 900, 123 ALR 162.
Property rights protected by the due process clause equally with ordinary real and personal property. 16 Am J2d Const § 365.
For the purpose of taxation: — enforceable claims and solvent credits such as bills, notes, and oher obligations to pay money, and shares fo corporate stock. 51 Am J1st Tax ″ 420.
An unallowed claim for a refund of Federal income taxes is taxable as “other taxable intangibles” rather than as “credits,” under statutes taxing money, credits, investments, deposits, and other intangible property, defining “credits” as the excess of current accounts receivable over current accounts payable, defining “current accounts” as items receivable or payable on demand or within one year of the date of inception, and defining “other taxable intangibles” as including every valuable right, title, or interest not comprised within or excluded fromt he preceding statutory sections of a specific nature. Glidden Co. v Glander, 151 Ohio St 344, 86 NE2d 1, 9 ALR2d 515.
See chose in action; incorporeal property; situs; situs for taxation. [2]
1. An incorporeal right unrelated to a physical thing. EXAMPLES: a right to sue (i.e., a cause of action); a right to inherit property.
2. Property that has no intrinsic value, but evidences something of value. EXAMPLE: stock certificate (which evidences a share in the ownership of the corporation that issued it). [3]
References:
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4
[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949). Edited by William S. Anderson. © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY. Library of Congress Catalog Card No. 68-30931
[3]: Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine (James Arthur 1871-1949). Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning. ISBN 0-8273-4874-6.
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