Estate of Joseph Leder, Deceased, Jeanne Leder v. Commissioner of Internal Revenue

TACHA, Circuit Judge.

The Commissioner of Internal Revenue (“Commissioner”) appeals the decision of the United States Tax Court (“Tax Court”) that the proceeds from an insurance policy are not includable in the insured’s gross estate under section 2035(d) of the Internal Revenue Code, 26 U.S.C. § 2035(d), where the decedent never possessed any of the incidents of ownership in the policy under section 2042. We affirm.

I

The parties stipulated to the facts of this case. The decedent, Joseph Leder, died on May 31, 1983. At the time of his death, Joseph Leder was insured under a $1,000,-000 policy…