Howell v. Commissioner
United States Tax Court
The decedent, prior to the date of his retirement under a pension plan, at which if living and in the employ of the employer he would have a right to an annuity, and before his employer had paid up under the plan, exercised an option, thereby reducing his own annuity and providing for one for his widow.
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The decedent, prior to the date of his retirement under a pension plan, at which if living and in the employ of the employer he would have a right to an annuity, and before his employer had paid up under the plan, exercised an option, thereby reducing his own annuity and providing for one for his widow. The plan provided that the employer might at any time request the insurance company carrying the plan to commence decedent's annuity payments prior to the normal retirement date. The employer, soon after decedent exercised the option, so requested and paid up the policy, and the decedent was…
1Opinion of the Court
OPINION.
Disney, Judge:
This case involves estate tax. Deficiency was determined in the amount of $19,810.87. Due to concessions made, only a part thereof is in issue. The petition alleges overpayment of $5,635.89.
The question presented is whether the decedent’s election on January 21, 1944, to receive retirement annuity payments in reduced amounts, permitting payments to his wife after his death, constitutes a transfer within section 811 (c) of the Internal Revenue Code and, if so, the value of such right. All facts were stipulated. We adopt the stipulation incorporated herein by reference as…
2Cases cited4 opinions
- Dimock v. CorwinDistrict Court, E.D. New York · 1937
- Higgs v. CommissionerUnited States Tax Court · 1949
- Saxton v. CommissionerUnited States Tax Court · 1949
- Stake v. CommissionerUnited States Tax Court · 1948
3Cited by8 opinions
- Estate of Barr v. CommissionerUnited States Tax Court · 1963
- Wadewitz v. CommissionerUnited States Tax Court · 1963
- Estate of Wolf v. CommissionerUnited States Tax Court · 1957
- Estate of Barr v. CommissionerUnited States Tax Court · 1963
- Estate of Wolf v. CommissionerUnited States Tax Court · 1957
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