Estate of Meyer v. Commissioner
United States Tax Court
Decedent, a resident of the State of Washington, made his wife "owner" and beneficiary of a term life insurance policy and paid premiums thereon from community funds. Held: One-half of the proceeds are includable in decedent's gross estate as community property. Petitioner has not proved by the requisite clear and convincing evidence that it was decedent's intent to make the policy his wife's separate property. And Wash.
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Decedent, a resident of the State of Washington, made his wife "owner" and beneficiary of a term life insurance policy and paid premiums thereon from community funds. Held: One-half of the proceeds are includable in decedent's gross estate as community property. Petitioner has not proved by the requisite clear and convincing evidence that it was decedent's intent to make the policy his wife's separate property. And Wash. Rev. Code sec. 48.18.440, relied on by petitioner, does not transmute a policy to separate property of a wife merely because she is made the beneficiary thereof.
1Opinion of the Court
Hall, Judge:
Respondent determined a deficiency in petitioner’s estate tax of $5,909. The sole issue is whether a certain life insurance policy on the life of decedent W. Vincent Meyer was the separate property of decedent’s wife or the community property of decedent and his wife. If the policy was community property, one-half the value of the proceeds should have been included in decedent’s gross estate.
FINDINGS OF FACT
W. Vincent Meyer died on March 24, 1970. Before his death, he and his wife had lived in the State of Washington for 30 years. On June 25,1971, the Everett Trust & Savings Bank,…
2Cases cited21 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- Poe v. SeabornSupreme Court of the United States · 1930
- Occidental Life Insurance v. PowersWashington Supreme Court · 1937
- Towey v. Seattle-First National BankWashington Supreme Court · 1945
- Mortimer Freedman, Independent Under the Last Will and Testament of Margaret Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 1967
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Madsen v. Commissioner of Internal RevenueWashington Supreme Court · 1982
- Estate of Mattias Arnold Madsen, Norma v. Madsen v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1981
- Estate of Baratta-Lorton v. CommissionerUnited States Tax Court · 1985
- Estate of Crane v. CommissionerUnited States Tax Court · 1982
- Estate of Madsen v. CommissionerUnited States Tax Court · 1979
4 more not listed; retrieve them via the Exa API.