Keller v. Commissioner
United States Board of Tax Appeals
While in good health and not in contemplation of death, the decedent, who was 75 years of age, and an insurance company entered into two separate contracts, one a single premium life insurance policy for the face amount of $20,000 and the other a single premium life annuity. The decedent was not required to take a medical examination and the company would not have issued the insurance policy without the purchase by the decedent of the annuity.
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While in good health and not in contemplation of death, the decedent, who was 75 years of age, and an insurance company entered into two separate contracts, one a single premium life insurance policy for the face amount of $20,000 and the other a single premium life annuity. The decedent was not required to take a medical examination and the company would not have issued the insurance policy without the purchase by the decedent of the annuity. Both contracts were on the regular standard form used by the company in writing life insurance and annuities, respectively. The decedent died March 28,…
1Opinion of the Court
*1054opinion-.
Black:
The question involved has been previously stated. The applicable statute is section 302 of the Eevenue Act of 1926 as amended by section 803 (a) of the Eevenue Act of 1932 and section 404 of the Eevenue Act of 1934, the material provisions of which are set out in the margin.1
Petitioners contend that the amount of $20,030.43 paid by the insurance company to the decedent’s daughter Marcella V. Keller *1055represents “insurance under policies taken out by the decedent upon her own life” as that term is used in subdivision (g) of the applicable statute, and that, since the amount was…
2Cases cited6 opinions
- Helvering v. Inter-Mountain Life InsuranceSupreme Court of the United States · 1935
- Helvering v. Illinois Life InsuranceSupreme Court of the United States · 1936
- Legg v. St. JohnSupreme Court of the United States · 1936
- State Ex Rel. Thornton v. Probate CourtSupreme Court of Minnesota · 1932
- Ballou v. FisherOregon Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Helvering v. TylerCourt of Appeals for the Eighth Circuit · 1940
- Commissioner of Internal Revenue v. Le GierseCourt of Appeals for the Second Circuit · 1940
- Fawcett v. Sun Life Assur. Co. of CanadaCourt of Appeals for the Tenth Circuit · 1943
- Clise v. CommissionerUnited States Board of Tax Appeals · 1940
- Keller v. CommissionerUnited States Board of Tax Appeals · 1939
2 more not listed; retrieve them via the Exa API.