Legal Opinion

Estate of Dawson v. Commissioner

United States Tax Court

Decided March 20, 1972No. Docket No. 1728-70Published

At the time of her death, the wife of decedent was the owner of certain insurance policies on his life. The proceeds of the insurance were paid to the designated alternate beneficiaries, i.e., the children of decedent and the wife's nieces. Decedent, who died within 1 hour after his wife, was the sole residuary legatee and initially designated executor under her will.

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At the time of her death, the wife of decedent was the owner of certain insurance policies on his life. The proceeds of the insurance were paid to the designated alternate beneficiaries, i.e., the children of decedent and the wife's nieces. Decedent, who died within 1 hour after his wife, was the sole residuary legatee and initially designated executor under her will. Held, decedent did not possess any of the incidents of ownership in the aforementioned policies within the meaning of sec. 2042, I.R.C. 1954.

1Opinion of the Court

Estate of Walter Dawson, Deceased, Walter Dawson III, Executor, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Dawson v. Commissioner

Docket No. 1728-70

United States Tax Court

57 T.C. 837; 1972 U.S. Tax Ct. LEXIS 162;

March 20, 1972, Filed

Decision will be entered under Rule 50.

At the time of her death, the wife of decedent was the owner of certain insurance policies on his life. The proceeds of the insurance were paid to the designated alternate beneficiaries, i.e., the children of decedent and the wife's nieces. Decedent, who died within 1 hour after his wife, was the sole…

2Cases cited24 opinions

  1. Commissioner v. Estate of NoelSupreme Court of the United States · 1965
  2. City Bank Farmers Trust Co. v. McGowanSupreme Court of the United States · 1945
  3. United States v. Rhode Island Hospital Trust CompanyCourt of Appeals for the First Circuit · 1966
  4. Brown v. RoutzahnCourt of Appeals for the Sixth Circuit · 1933
  5. Hurd v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1947

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