Selling v. Commissioner
United States Tax Court
1. Cash gifts from husband to wife held not made in contemplation of death. 2. Premiums on an insurance policy on decedent's life were not paid directly or indirectly by him so as to require inclusion of the insurance proceeds in his gross estate. 3. Bequest to wife of insurance renewal commissions payable over periods up to 9 years was a terminable interest precluding allowance of the marital deduction where decedent's will further provided that any commissions unpaid at…
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1. Cash gifts from husband to wife held not made in contemplation of death. 2. Premiums on an insurance policy on decedent's life were not paid directly or indirectly by him so as to require inclusion of the insurance proceeds in his gross estate. 3. Bequest to wife of insurance renewal commissions payable over periods up to 9 years was a terminable interest precluding allowance of the marital deduction where decedent's will further provided that any commissions unpaid at wife's death should pass to son notwithstanding wife's right to dispose of rights to commissions at any time.
1Opinion of the Court
OPINION.
ARundell, Judge:
We consider, first, the question of whether the cash transfers from decedent to his wife are includible in his gross estate as having been made in contemplation of death. Among the factors to be weighed are the age of decedent at the time of the transfers, the decedent’s health as he knew it at or before the time of the transfers, the intervals between the transfers and the decedent’s death, and the amount of the property transferred in proportion to the amount of property retained. Estate of Oliver Johnson, 10 T. C. 680, 688.
There is nothing in the facts to indicate…
2Cases cited17 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Leggett v. . FirthNew York Court of Appeals · 1892
- Pipe v. CommissionerUnited States Tax Court · 1954
- Estate of Johnson v. CommissionerUnited States Tax Court · 1948
- In Re the Accounting of Ithaca Trust Co.New York Court of Appeals · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Matthew Rives McGehee of the Estate of Delia Crawford McGehee Deceased v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1958
- Estate of Opal v. CommissionerUnited States Tax Court · 1970
- Howell v. CommissionerUnited States Tax Court · 1957
- McGehee v. CommissionerUnited States Tax Court · 1957
- Kniskern v. United StatesDistrict Court, S.D. Florida · 1964
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