A. C. Ross, District Director of Internal Revenue, Atlanta, Georgia v. Suzanne Odom, Individually and as of the Estate of Benton Odom, Deceased

JOHN R. BROWN, Chief Judge:

When is a no contract a contract? That is the question. That, as is so frequent, this arises under the income tax structure is hardly any surprise. In more austere terms the question is whether the District Court was correct in holding that $27,450 received by Taxpayer as beneficiary of her husband’s participation in the state-established Georgia Survivors’ Benefit Program constituted proceeds of “a life insurance contract” under 26 U.S.C.A. § 101(a) (1) and were thus wholly tax exempt.1 The Government, seeking reversal, contends that the proceeds were only a…