Legal Opinion

Estate of Fiedler v. Commissioner

United States Tax Court

Decided November 17, 1976No. Docket No. 3188-75Published

Under an insurance policy, the direct beneficiary, who was the surviving spouse of the insured, had the right as of the date of the insured's death, to select any one of four settlement options. The settlement options provided that the insurer would pay the proceeds in installments or would hold them and pay interest thereon.

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Under an insurance policy, the direct beneficiary, who was the surviving spouse of the insured, had the right as of the date of the insured's death, to select any one of four settlement options. The settlement options provided that the insurer would pay the proceeds in installments or would hold them and pay interest thereon. The insurer was obligated under any of the settlement options to commence payment, at the latest, within 1 month after the death of the insured or after an election of a settlement option by the surviving spouse. Under a marital deduction provision in the policy, the…

1Opinion of the Court

Estate of Blanche T. Fiedler, Deceased, Albert C. Fiedler, Personal Representative, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Fiedler v. Commissioner

Docket No. 3188-75

United States Tax Court

67 T.C. 239; 1976 U.S. Tax Ct. LEXIS 24;

November 17, 1976, Filed

Decision will be entered for the petitioner.

Under an insurance policy, the direct beneficiary, who was the surviving spouse of the insured, had the right as of the date of the insured's death, to select any one of four settlement options. The settlement options provided that the insurer would pay the proceeds in…

2Cases cited8 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. United States v. StapfSupreme Court of the United States · 1964
  3. Northeastern Pennsylvania National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1967
  4. Estate of Jerome Mittleman, Deceased, Henrietta Mittleman, Irving B. Yochelson and Solomon Grossberg, Executors v. Commissioner of Internal RevenueCourt of Appeals for the D.C. Circuit · 1975
  5. Estate of Thomas C. Werbe, American Fletcher National Bank and Trust Company, Administrator, C.T.A. v. United StatesCourt of Appeals for the Seventh Circuit · 1959

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