Legal Opinion

Wynekoop v. Commissioner

United States Tax Court

Decided May 6, 1955No. Docket No. 47157Published

At the time of his death decedent owned three insurance policies which contained identical language with respect to the rights of his widow thereunder. Respondent determined the surviving spouse does not have the power thereunder to appoint the principal proceeds of the policies to herself, and therefore that the total amount thereof does not qualify for the marital deduction pursuant to section 812 (e) (1) (G), 1939 Code.

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At the time of his death decedent owned three insurance policies which contained identical language with respect to the rights of his widow thereunder. Respondent determined the surviving spouse does not have the power thereunder to appoint the principal proceeds of the policies to herself, and therefore that the total amount thereof does not qualify for the marital deduction pursuant to section 812 (e) (1) (G), 1939 Code. After appropriate demand, the widow filed suit against the company for the principal proceeds of one of the three policies. After a contested, adversary proceeding, the…

1Opinion of the Court

Estate of William Walker Wynekoop, Deceased, Marcia V. Wynekoop, Administrator, Petitioner, v. Commissioner of Internal Revenue, Respondent

Wynekoop v. Commissioner

Docket No. 47157

United States Tax Court

24 T.C. 167; 1955 U.S. Tax Ct. LEXIS 192;

May 6, 1955, Filed

Decision will be entered under Rule 50.

At the time of his death decedent owned three insurance policies which contained identical language with respect to the rights of his widow thereunder. Respondent determined the surviving spouse does not have the power thereunder to appoint the principal proceeds of the policies to herself, and…

2Cases cited9 opinions

  1. Blair v. CommissionerSupreme Court of the United States · 1937
  2. Helvering v. StuartSupreme Court of the United States · 1942
  3. Freuler v. HelveringSupreme Court of the United States · 1934
  4. Sharp v. CommissionerSupreme Court of the United States · 1938
  5. Morris v. MorrisNew York Court of Appeals · 1936

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