Legal Opinion

Thompson v. Commissioner

United States Board of Tax Appeals

Decided April 23, 1940No. Docket No. 96358Published

ESTATE TAX - GROSS ESTATE - INSURANCE POLICIES - SECTION 302(g), REVENUE ACT OF 1926. - The proceeds of an endowment policy of insurance taken out by the decedent prior to the estate tax act, which were payable to him in case he lived to the maturity date of the policy, but were payable to his wife if he died before that date survived by her, are not to be included in his gross estate under section 302(g) of the Revenue Act of 1926, where he retained none of the incidents of…

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ESTATE TAX - GROSS ESTATE - INSURANCE POLICIES - SECTION 302(g), REVENUE ACT OF 1926. - The proceeds of an endowment policy of insurance taken out by the decedent prior to the estate tax act, which were payable to him in case he lived to the maturity date of the policy, but were payable to his wife if he died before that date survived by her, are not to be included in his gross estate under section 302(g) of the Revenue Act of 1926, where he retained none of the incidents of ownership.

1Opinion of the Court

ESTATE OF WILLIAM G. THOMPSON, MARY H. THOMPSON, EXECUTRIX U/W WILLIAM G. THOMPSON, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Thompson v. Commissioner

Docket No. 96358.

United States Board of Tax Appeals

41 B.T.A. 901; 1940 BTA LEXIS 1124;

April 23, 1940, Promulgated

ESTATE TAX - GROSS ESTATE - INSURANCE POLICIES - SECTION 302(g), REVENUE ACT OF 1926. - The proceeds of an endowment policy of insurance taken out by the decedent prior to the estate tax act, which were payable to him in case he lived to the maturity date of the policy, but were payable to his wife if he died before…

2Cases cited33 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  3. Nichols v. CoolidgeSupreme Court of the United States · 1927
  4. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  5. May v. HeinerSupreme Court of the United States · 1930

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