American Fletcher National Bank & Trust Co. v. United States

PER CURIAM: This case comes before the court on the plaintiffs’ exceptions to the recommended decision of Trial Judge Wood filed February 6, 1979. The suit is for recovery of estate taxes. The question before us is whether the plaintiffs carried the burden of showing that the assignment by the decedent of his interest in a group term life insurance policy within 3 years of his death was not made in contemplation of death, within the meaning of section 2035 of the Internal Revenue Code of 1954. The trial judge held that the plaintiff had not sustained that burden and that the Commissioner of…