Legal Opinion

Estate of Meyer v. Commissioner

United States Tax Court

Decided April 7, 1976No. Docket No. 513-74Published

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

Estate of W. Vincent Meyer, Deceased, Everett Trust & Savings Bank, Trustee, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Meyer v. Commissioner

Docket No. 513-74

United States Tax Court

66 T.C. 41; 1976 U.S. Tax Ct. LEXIS 132;

April 7, 1976, Filed

Decision will be entered under Rule 155.

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…

2Cases cited22 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Poe v. SeabornSupreme Court of the United States · 1930
  3. Occidental Life Insurance v. PowersWashington Supreme Court · 1937
  4. Towey v. Seattle-First National BankWashington Supreme Court · 1945
  5. Mortimer Freedman, Independent Under the Last Will and Testament of Margaret Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 1967

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