Baker v. Commissioner
United States Tax Court
From 1918 to 1942, proceeds of insurance were includible by statute in the estate of a deceased insured "to the extent * * * receivable by all other beneficiaries as insurance under policies taken out by the decedent upon his own life." Regulations interpreting this provision were in constant flux during that period. In January of 1941, a Treasury decision was promulgated, setting forth a proportionate rule for inclusion, based on payment of premiums by decedents.
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From 1918 to 1942, proceeds of insurance were includible by statute in the estate of a deceased insured "to the extent * * * receivable by all other beneficiaries as insurance under policies taken out by the decedent upon his own life." Regulations interpreting this provision were in constant flux during that period. In January of 1941, a Treasury decision was promulgated, setting forth a proportionate rule for inclusion, based on payment of premiums by decedents. Such a test, or tests very similar thereto, had been set forth by earlier regulations, but abandoned in 1937. In December of 1941…
1Opinion of the Court
Estate of Ellis Baker, Deceased, Morris A. and Morton E. Baker, Executors, Petitioner, v. Commissioner of Internal Revenue, Respondent
Baker v. Commissioner
Docket No. 63471
United States Tax Court
30 T.C. 776; 1958 U.S. Tax Ct. LEXIS 133;
June 30, 1958, Filed
Decision will be entered under Rule 50.
From 1918 to 1942, proceeds of insurance were includible by statute in the estate of a deceased insured "to the extent * * * receivable by all other beneficiaries as insurance under policies taken out by the decedent upon his own life." Regulations interpreting this provision were in constant flux during…
2Cases cited20 opinions
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Tyler v. United StatesSupreme Court of the United States · 1930
- Blodgett v. HoldenSupreme Court of the United States · 1927
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