Estate of Wynekoop v. Commissioner

OPINION.

Fisher, Judge:

Respondent determined that none of the proceeds of six insurance policies on decedent’s life qualify for the marital deduction pursuant to section 812 (e) (1) (G), Internal Revenue Code of 1939, since the proceeds were to be held by the companies (with interest or installments payable monthly to the widow) with no power in the surviving spouse to appoint all such proceeds to herself. Petitioner assigned as error respondent’s determination with respect only to three policies issued by The Northwestern Mutual Life Insurance Company. Respondent, however, now concedes that…