Legal Opinion

Brodersen v. Commissioner

United States Tax Court

Decided December 20, 1971No. Docket No. 3471-70Published

Pursuant to a property settlement, incident to a divorce decree, petitioner acquired a decreasing-term life insurance policy on his life to secure the payment of alimony, naming his wife owner-beneficiary. The wife's ownership of the term policy conferred no economic benefit on her and merely afforded her additional protection to insure payment of the amounts due her.

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Pursuant to a property settlement, incident to a divorce decree, petitioner acquired a decreasing-term life insurance policy on his life to secure the payment of alimony, naming his wife owner-beneficiary. The wife's ownership of the term policy conferred no economic benefit on her and merely afforded her additional protection to insure payment of the amounts due her. Held, on the facts presented, since the wife received no economic benefit from the policy, the premiums paid on the insurance policy are not deductible under sec. 215, I.R.C. 1954.

1Opinion of the Court

William H. Brodersen, Jr., and Clarice M. Brodersen, Petitioners v. Commissioner of Internal Revenue, Respondent

Brodersen v. Commissioner

Docket No. 3471-70

United States Tax Court

57 T.C. 412; 1971 U.S. Tax Ct. LEXIS 8;

December 20, 1971, Filed

Decision will be entered for the respondent.

Pursuant to a property settlement, incident to a divorce decree, petitioner acquired a decreasing-term life insurance policy on his life to secure the payment of alimony, naming his wife owner-beneficiary. The wife's ownership of the term policy conferred no economic benefit on her and merely afforded her…

Also in this document: Dissent.

2Cases cited18 opinions

  1. Jack E. Golsen and Sylvia H. Golsen v. Commissioner of Internal RevenueCourt of Appeals for the Tenth Circuit · 1971
  2. Carmichael v. CommissionerUnited States Tax Court · 1950
  3. Glen v. CommissionerUnited States Tax Court · 1966
  4. Lehman v. CommissionerUnited States Tax Court · 1951
  5. Baker Et Ux. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953

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