Legal Opinion

Green v. Commissioner

United States Tax Court

Decided May 30, 1984No. Docket No. 17956-80Published

Decedent was a public school teacher employed by the Board of Education of the City of New York. The board purchased an annuity contract for decedent's benefit which petitioner seeks to exclude from decedent's estate. Held, the benefit is excludable under sec. 2039(c)(3), I.R.C. 1954; the board is an educational organization under sec. 170(b)(1)(A)(ii), I.R.C. 1954, which is exempt from tax under sec. 501(a), I.R.C. 1954.

1Opinion of the Court

Estate of Ethel P. Green, Deceased, David L. Green, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Green v. Commissioner

Docket No. 17956-80

United States Tax Court

82 T.C. 843; 1984 U.S. Tax Ct. LEXIS 65; 82 T.C. No. 65;

May 30, 1984, Filed

Decision will be entered under Rule 155.

Decedent was a public school teacher employed by the Board of Education of the City of New York. The board purchased an annuity contract for decedent's benefit which petitioner seeks to exclude from decedent's estate. Held, the benefit is excludable under sec. 2039(c)(3), I.R.C. 1954; the board is an…

2Cases cited7 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
  3. Driscoll v. Washington County Fire Ins.Court of Appeals for the Third Circuit · 1940
  4. Estate of Johnson v. CommissionerUnited States Tax Court · 1971
  5. Savings Feature of Relief Dep't v. CommissionerUnited States Board of Tax Appeals · 1935

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