Legal Opinion

Cain v. Commissioner

United States Board of Tax Appeals

Decided March 26, 1941No. Docket No. 101330Published

1. Under a policy of insurance on decedent's life issued in 1929, the income from the proceeds was to be paid to his wife for life; upon her death the proceeds were to be distributed in equal shares to each of their surviving children and to the surviving children of each of their deceased children; and in the event that the decedent outlived his wife and their children and grandchildren, the proceeds were to be paid to his estate.

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1. Under a policy of insurance on decedent's life issued in 1929, the income from the proceeds was to be paid to his wife for life; upon her death the proceeds were to be distributed in equal shares to each of their surviving children and to the surviving children of each of their deceased children; and in the event that the decedent outlived his wife and their children and grandchildren, the proceeds were to be paid to his estate. Decedent died in 1936. He was survived by his wife and by four children and nine grandchildren. At the time of his death decedent did not retain the right to…

1Opinion of the Court

ESTATE OF JOHN E. CAIN, SR., EMMA WEITMULLER CAIN, EXECUTRIX, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Cain v. Commissioner

Docket No. 101330.

United States Board of Tax Appeals

43 B.T.A. 1133; 1941 BTA LEXIS 1404;

March 26, 1941, Promulgated

1. Under a policy of insurance on decedent's life issued in 1929, the income from the proceeds was to be paid to his wife for life; upon her death the proceeds were to be distributed in equal shares to each of their surviving children and to the surviving children of each of their deceased children; and in the event that the decedent…

2Cases cited20 opinions

  1. Helvering v. HallockSupreme Court of the United States · 1940
  2. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  3. Klein v. United StatesSupreme Court of the United States · 1931
  4. Helvering v. St. Louis Union Trust Co.Supreme Court of the United States · 1935
  5. Becker v. St. Louis Union Trust Co.Supreme Court of the United States · 1935

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