Legal Opinion
National Metropolitan Bank v. United States
United States Court of Claims
Decided February 24, 1950No. 48708PublishedCited by 21 opinions
1Opinion of the Court
JONES, Chief Judge.
This suit is for a refund of estate taxes paid as a deficiency assessment on the proceeds of two insurance policies. The policies were on the life of Margaret E. Kelly, who died August 30, 1943. The beneficiary was her son, John S. Kelly.
The executors timely filed a claim for refund on the ground that the policies had been applied for and all premiums paid by John S. Kelly, the beneficiary, and that the decedent did not possess any of the incidents of ownership in the policies, and that the proceeds were paid directly to the beneficiary. The claim was denied.
The question is…
2Cases cited7 opinions
- Esch Bros. v. Home InsuranceSupreme Court of Iowa · 1889
- National Reserve Ins. Co. of Illinois v. ScudderCourt of Appeals for the Ninth Circuit · 1934
- Schongalla v. HickeyCourt of Appeals for the Second Circuit · 1945
- Home Ins. Co. of New York v. Sullivan MacHinery Co.Court of Appeals for the Tenth Circuit · 1933
- Leithauser v. Hartford Fire Ins.Court of Appeals for the Sixth Circuit · 1941
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- United States v. Rhode Island Hospital Trust CompanyCourt of Appeals for the First Circuit · 1966
- Schwager v. CommissionerUnited States Tax Court · 1975
- Fuchs v. CommissionerUnited States Tax Court · 1966
- District of Columbia v. Edith Bolling WilsonCourt of Appeals for the D.C. Circuit · 1954
- Fried v. GrangerDistrict Court, W.D. Pennsylvania · 1952
16 more not listed; retrieve them via the Exa API.