White v. Commissioner
United States Tax Court
Estate Tax -- Marital Deduction -- Terminable Interest -- Insurance Proceeds -- Sec. 812 (e) (1) (B) and (G), I. R. C. -- No marital deduction based upon proceeds of insurance on the life of the decedent is allowed where the proceeds were payable in installments and upon the death of the surviving spouse before all installments became due the remaining proceeds would go to others named by the decedent.
1Opinion of the Court
OPINION.
Murdock, Judge:
The Commissioner determined a deficiency of $27,666.14 in estate tax. The only issue for decision is whether the petitioner is entitled to a marital deduction. The parties have filed a stipulation of facts which is adopted as the findings of fact.
The decedent, Thomas J. White, died testate on July 9, 1948, while residing in the State of New York. He was survived by his widow, Virginia, and five children: Anne Paine, Carmel Eitt, Thomas J. White, Jr., Peter G. White, and John Michael White. The estate tax return was filed with the collector of internal revenue for the…
2Cases cited3 opinions
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Estate of Miller v. CommissionerUnited States Tax Court · 1950
- Burke v. Lecrone-Benedict Ways, Inc.District Court, E.D. Michigan · 1945
3Cited by6 opinions
- Selling v. CommissionerUnited States Tax Court · 1955
- Reilly v. CommissionerUnited States Tax Court · 1955
- Estate of Zeman v. CommissionerUnited States Tax Court · 1958
- Reilly v. CommissionerUnited States Tax Court · 1955
- Selling v. CommissionerUnited States Tax Court · 1955
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