Occidental Life Ins. Co. v. Commissioner
United States Tax Court
Petitioner paid over to the estate of a Canadian resident, a former agent of petitioner, renewal commissions becoming due on insurance sold by decedent prior to his death, before it had notice that a United States estate tax was due but unpaid by the Canadian estate. Held, petitioner is not liable for payment of the estate tax due by the Canadian estate out of its own assets to the extent of the payments made to the estate.
1Opinion of the Court
Dkennen, Judge:
The Commissioner caused a notice of liability to be issued to petitioner in which a liability of $14,317.83 plus interest was determined for assessment against petitioner, which amount was alleged to be petitioner’s liability as a fiduciary for U.S. estate tax due from the Estate of Louis Rotenberg (hereinafter called the estate). It has been stipulated that since petitioner has paid over to respondent all 'amounts accruing to the estate from petitioner since August 29, 1963, and is willing to pay over all amounts accruing after April 11, 1966, petitioner is entitled to a…
2Cases cited7 opinions
- Bramwell v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1925
- King v. United StatesSupreme Court of the United States · 1964
- Leuthesser v. CommissionerUnited States Tax Court · 1952
- Irving Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1937
- Livingston v. BeckerDistrict Court, E.D. Missouri · 1929
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ewart v. CommissionerUnited States Tax Court · 1985
- Garrett v. CommissionerUnited States Tax Court · 1994
- Ewart v. CommissionerUnited States Tax Court · 1985
- Occidental Life Ins. Co. v. CommissionerUnited States Tax Court · 1968