Legal Opinion
Fay Lewis Berman, of the Estate of Joseph Emile Berman v. United States
Court of Appeals for the Fifth Circuit
Decided October 31, 1973No. 73-1922PublishedCited by 23 opinions
1Opinion of the Court
RONEY, Circuit Judge:
Before boarding an airplane at the Jackson, Mississippi, airport, Joseph Emile Berman, a 67 year old food broker and lawyer, purchased a $30,000 flight insurance policy on his life for one dollar, naming his son as beneficiary. The ownership of the policy was immediately assigned to the son. The plane crashed shortly thereafter and Berman was killed.
The question is whether the proceeds of the life policy are includable in Ber-man’s estate for tax purposes. Since the assignment to the son was made within three years of the date of death, the decision turns on whether the…
2Cases cited4 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Bel v. United StatesCourt of Appeals for the Fifth Circuit · 1971
- Bintliff v. United StatesCourt of Appeals for the Fifth Circuit · 1972
- First National Bank at Lubbock, Trustee v. United StatesCourt of Appeals for the First Circuit · 1972
3Cited by23 opinions
- Estate of Russell E. Hutchinson, Phillip E. Hutchinson and Richard A. Hutchinson, Co-Executors v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1985
- Estate of Hill v. CommissionerUnited States Tax Court · 1975
- Estate of Kopperman v. CommissionerUnited States Tax Court · 1978
- Grover H. Hope, of the Estate of Beverly J. Hope, Deceased v. United States of America, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1982
- Estate of Ross H. Compton, Deceased, by First National Bank of Middletown v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1976
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