Ruthrauff v. Commissioner
United States Tax Court
1. Decedent created trusts to which he assigned policies of insurance on his own life. At that time, and at decedent's death, his family consisted of a wife and two children. The trust instrument provided that his wife should be life beneficiary, with remainders to his issue. If no such issue survived his wife, or him (if his wife predeceased him), then the principal of the trusts was to go to those named in his will or to his heirs at law.
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1. Decedent created trusts to which he assigned policies of insurance on his own life. At that time, and at decedent's death, his family consisted of a wife and two children. The trust instrument provided that his wife should be life beneficiary, with remainders to his issue. If no such issue survived his wife, or him (if his wife predeceased him), then the principal of the trusts was to go to those named in his will or to his heirs at law. The assignments of the insurance policies to the trusts were made for the purpose of conserving the insurance protection of his wife and children from the…
1Opinion of the Court
OPINION.
Kern, Judge:
Respondent contends that the proceeds of the policies of life insurance transferred by decedent to the trusts created on August 14 and August 26, 1935, are includible in decedent’s estate as transfers in contemplation of death and by reason of the decedent’s expressed retention of a possibility of reverter.
With regard to the first contention, we do not believe that the facts shown by the record require us to. conclude, as urged by respondent, that the transfers were testamentary in nature and, therefore, in contemplation of death. It is uncontroverted that the decedent was…
2Cases cited6 opinions
- Goldstone v. United StatesSupreme Court of the United States · 1945
- Colorado National Bank v. CommissionerSupreme Court of the United States · 1938
- Cronin v. CommissionerUnited States Tax Court · 1946
- Estate of Garrett v. CommissionerUnited States Tax Court · 1947
- Dorson v. CommissionerUnited States Tax Court · 1944
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Hurd v. CommissionerUnited States Tax Court · 1947
- Landorf v. United StatesUnited States Court of Claims · 1969
- Estate of Bluestein v. CommissionerUnited States Tax Court · 1950
- Hull v. CommissionerUnited States Tax Court · 1962
- Estate of Richards v. CommissionerUnited States Tax Court · 1953
18 more not listed; retrieve them via the Exa API.