Beal v. Commissioner
United States Tax Court
Decedent retired on July 1, 1956, and received a pension until he died on December 31, 1959, under his employer's Plan for Employees' Pensions, Disability Benefits and Death Benefits. Mandatory death benefits were payable under the plan to certain beneficiaries of deceased retirees.
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Decedent retired on July 1, 1956, and received a pension until he died on December 31, 1959, under his employer's Plan for Employees' Pensions, Disability Benefits and Death Benefits. Mandatory death benefits were payable under the plan to certain beneficiaries of deceased retirees. The amount of the maximum death benefit payable was a year's wages at the employee's wage rate when he retired, reduced by 10 percent for each full year of retirement but not below the equivalent of a year's pension allowance. Decedent died after more than 3 full years on retirement and consequently the maximum…
1Opinion of the Court
OPINION
Mtjuroney, Judge:
Respondent determined a deficiency in estate tax in the amount of $8,544.72. The issues are (1) whether a death benefit of $50,750 payable to decedent’s widow by his employer is includable in decedent’s gross estate under section 2039, I.R.C. 1954, and (2) the value of such death benefit includable in decedent’s gross estate.
All of the facts were stipulated and they are so found.
Henry C. Beal died intestate on December 31, 1959, a resident of South Orange, N.J. Surviving him were his wife, Nola B. Beal, and his son, Dick H. Beal. On January 8, 1960, letters of…
2Cases cited7 opinions
- United States v. JacobsSupreme Court of the United States · 1939
- Fusz v. CommissionerUnited States Tax Court · 1966
- Estate of J. William Bahen, Deceased, Kathleen Privett Bahen, Sole v. The United StatesUnited States Court of Claims · 1962
- Dimock v. CorwinCourt of Appeals for the Second Circuit · 1938
- Dimock v. CorwinDistrict Court, E.D. New York · 1937
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3Cited by22 opinions
- Robinson v. Comm'rUnited States Tax Court · 2002
- Estate of Rosenberg v. CommissionerUnited States Tax Court · 1986
- James Gray, Under the Last Will and Testament of Hamilton Gray, Deceased v. United StatesCourt of Appeals for the Third Circuit · 1969
- Estate of Siegel v. CommissionerUnited States Tax Court · 1980
- Estate of William v. Schelberg, Sarah J. Schelberg v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
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