Loeb v. Commissioner
United States Tax Court
Sec. 811 (g) (2) (A), I. R. C. 1939. Held: 1. On the facts, insurance proceeds received by decedent's wife properly includible in the gross estate of decedent because decedent indirectly paid all premiums thereon. 2. This section is not unconstitutional as a direct unapportioned tax on property or as being an arbitrary and capricious taking of property without due process of law.
1Opinion of the Court
Testjens, Judge:
The Commissioner determined a deficiency in estate tax in the amount of $5,339.15 and made an addition to the tax for failure to file a return within the time prescribed by law (sec. 3612 (d), I. R. C. 1939) in the amount of $266.96. Only one of the Commissioner’s adjustments is contested. We must decide whether the premiums on life insurance policies on the life of the decedent were indirectly paid by the decedent and the insurance proceeds are thus includible in his gross estate under section 811 (g) (2) (A). If we hold that the insurance proceeds are so includible, then we…
2Cases cited22 opinions
- Helvering v. HallockSupreme Court of the United States · 1940
- Knowlton v. MooreSupreme Court of the United States · 1900
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Tyler v. United StatesSupreme Court of the United States · 1930
- Heiner v. DonnanSupreme Court of the United States · 1932
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3Cited by10 opinions
- United States v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1960
- Carlton v. CommissionerUnited States Tax Court · 1960
- Estate of Clarence H. Loeb, Deceased, Bessie Robinson Loeb, Isidore Robinson and Harry Robinson, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1958
- Baker v. CommissionerUnited States Tax Court · 1958
- Schwarz v. United StatesDistrict Court, E.D. Louisiana · 1959
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