Legal Opinion
Commissioner of Internal Revenue v. Le Gierse
Court of Appeals for the Second Circuit
Decided March 25, 1940No. 232PublishedCited by 11 opinions
1Opinion of the Court
SWAN, Circuit Judge.
At the date of her death on January 1, 1936, Mrs. Le Gierse had a policy of insurance upon her life for $25,000 payable to her daughter. Because of the circumstances under which the policy was taken out, the commissioner ruled that the sum receivable by the beneficiary named in the policy was not “insurance” within the meaning of section 302(g) of the Revenue Act of 1926, as amended, 1 but represented a transfer to take effect in possession or enjoyment at or after death, and as such must be included in the decedent’s gross estate 'under section 302(c), as amended.…
2Cases cited5 opinions
- Gregory v. HelveringSupreme Court of the United States · 1935
- United States v. IshamSupreme Court of the United States · 1873
- Chisholm v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1935
- Old Colony Trust Co. v. Commissioner of Internal Rev.Court of Appeals for the First Circuit · 1939
- Keller v. CommissionerUnited States Board of Tax Appeals · 1939
3Cited by11 opinions
- Helvering v. Le GierseSupreme Court of the United States · 1941
- Fed. Sec. L. Rep. P 94,847 National Union Fire Insurance Company of Pittsburgh, Pa. v. Chris M. Turtur and Stephen P. Turtur, D/B/A C & S Joint Venture, National Union Fire Insurance Company of Pittsburgh, Pa. v. Mario Turtur, Jr.Court of Appeals for the Second Circuit · 1989
- Frank Lowell v. Twin Disc, IncorporatedCourt of Appeals for the Second Circuit · 1975
- Estate of Keller v. CommissionerSupreme Court of the United States · 1941
- Sterling Colorado Agency, Inc., a Colorado Corporation v. Sterling Insurance Company, an Illinois Corporation, Sterling Insurance Company, an Illinois Corporation, Cross-Appellant v. Sterling Colorado Agency, Inc., a Colorado Corporation, Cross-AppelleeCourt of Appeals for the Tenth Circuit · 1959
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