Legal Opinion

Saxton v. Commissioner

United States Tax Court

Decided April 13, 1949No. Docket No. 16552PublishedCited by 20 opinions

1. Decedent's employer, for the purpose, inter alia, of providing additional compensation to decedent and other employees, took out a group life insurance policy providing for the insurance of the lives of certain employees. Pursuant to the master policy issued to the employer, decedent received policies insuring his life for $ 10,000, upon which decedent paid a part of the premiums and the employer a part.

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1. Decedent's employer, for the purpose, inter alia, of providing additional compensation to decedent and other employees, took out a group life insurance policy providing for the insurance of the lives of certain employees. Pursuant to the master policy issued to the employer, decedent received policies insuring his life for $ 10,000, upon which decedent paid a part of the premiums and the employer a part. Held, the entire proceeds of the policies are includible in decedent's gross estate. Estate of Judson C. Welliver, 8 T. C. 165, followed. 2. In 1941 decedent's employer, for the purpose of…

1Opinion of the Court

OPINION.

KeRN, Judge:

The first issue presented herein is whether that portion of proceeds from life insurance policies which was directly paid for by the employer, pursuant to the terms of a group life insurance agreement covering the employee, is includible in the gross estate of the deceased employee in addition to that portion directly paid for by the employee. This issue was decided in the affirmative in Estate of Judson C. Welliver, 8 T. C. 165. Cf. Estate of Herman D. Brous, 10 T. C. 597.

In the WelMver case it was held that the proceeds of life insurance policies insuring the life of a…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  2. Higgs v. CommissionerUnited States Tax Court · 1949
  3. Estate of Nevin v. CommissionerUnited States Tax Court · 1948
  4. Welliver v. CommissionerUnited States Tax Court · 1947
  5. Brous v. CommissionerUnited States Tax Court · 1948

3Cited by20 opinions

  1. Fusz v. CommissionerUnited States Tax Court · 1966
  2. Wadewitz v. CommissionerUnited States Tax Court · 1963
  3. Estate of Eli L. Garber, Deceased, Farmers Bank and Trust Company of Lancaster, Pennsylvania v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  4. Glenn v. HannerCourt of Appeals for the Sixth Circuit · 1954
  5. Estate of Bernard L. Porter, Deceased v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1971

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