Collino v. Commissioner
United States Tax Court
1. The decedent's mother paid all of the premiums on 8 policies of insurance on decedent's life. She was the beneficiary and received the proceeds upon decedent's death. The evidence establishes that the decedent possessed an incident of ownership in the policies. Petitioner has failed to establish that decedent did not possess other incidents of ownership.
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1. The decedent's mother paid all of the premiums on 8 policies of insurance on decedent's life. She was the beneficiary and received the proceeds upon decedent's death. The evidence establishes that the decedent possessed an incident of ownership in the policies. Petitioner has failed to establish that decedent did not possess other incidents of ownership. Held, the proceeds of the insurance, $ 61,266.72, are includible in decedent's gross estate under the provisions of section 811 (g) (2) (B) of the 1939 Code. 2. Upon the facts, held that failure to file the estate tax return within the…
1Opinion of the Court
OPINION.
Harron, Judge:
Issue 1.
The question to be decided is whether insurance in the amount of $61,266.72, which was received by the decedent’s mother as the beneficiary of 8 policies of insurance, under which the decedent was the insured, is includible in the decedent’s gross estate under the provisions of section 811 (g) (2) of the 1989 Code.1
The respondent does not claim that the policies in question were purchased with premiums paid directly or indirectly by the decedent. He concedes that the provisions of section 811 (g) (2) (A) are not involved.
The respondent contends that the insurance…
2Cases cited8 opinions
- Burnet v. HoustonSupreme Court of the United States · 1931
- Haywood Lumber & Mining Co. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1950
- Fairfax Mut. Wood Products Co. v. CommissionerUnited States Tax Court · 1945
- Patino v. CommissionerUnited States Tax Court · 1949
- Commissioner of Internal Revenue v. PatinoCourt of Appeals for the Fourth Circuit · 1950
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Beck Chemical Equipment Corp. v. CommissionerUnited States Tax Court · 1957
- United States v. Rhode Island Hospital Trust CompanyCourt of Appeals for the First Circuit · 1966
- Fruehauf v. CommissionerUnited States Tax Court · 1968
- Estate of Grant H. Piggott, Deceased, David S. Piggott and Albert F. Piggott, Co-Administrators v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1965
- Hall v. WheelerDistrict Court, D. Maine · 1959
17 more not listed; retrieve them via the Exa API.