Estate of Fiedler v. Commissioner
United States Tax Court
Under an insurance policy, the direct beneficiary, who was the surviving spouse of the insured, had the right as of the date of the insured's death, to select any one of four settlement options. The settlement options provided that the insurer would pay the proceeds in installments or would hold them and pay interest thereon.
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Under an insurance policy, the direct beneficiary, who was the surviving spouse of the insured, had the right as of the date of the insured's death, to select any one of four settlement options. The settlement options provided that the insurer would pay the proceeds in installments or would hold them and pay interest thereon. The insurer was obligated under any of the settlement options to commence payment, at the latest, within 1 month after the death of the insured or after an election of a settlement option by the surviving spouse. Under a marital deduction provision in the policy, the…
1Opinion of the Court
OPINION
Simpson, Judge:
The Commissioner determined a deficiency in the Federal estate tax of the Estate of Blanche T. Fied-ler in the amount of $2,486.14. Various issues have been settled; the only one remaining for decision is whether a certain life insurance policy meets the requirements of section 2056(b)(6) of the Internal Revenue Code of 19541 so that the proceeds thereof qualify for the marital deduction of section 2056(a).
All of the facts have been stipulated, and those facts are so found.
Albert C. Fiedler is the personal representative of the Estate of Blanche T. Fiedler. He filed a…
2Cases cited7 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- United States v. StapfSupreme Court of the United States · 1964
- Northeastern Pennsylvania National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1967
- Estate of Jerome Mittleman, Deceased, Henrietta Mittleman, Irving B. Yochelson and Solomon Grossberg, Executors v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1975
- Estate of Thomas C. Werbe, American Fletcher National Bank and Trust Company, Administrator, C.T.A. v. United StatesCourt of Appeals for the Seventh Circuit · 1959
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3Cited by1 opinion
- Estate of Fiedler v. CommissionerUnited States Tax Court · 1976