Baker v. Commissioner
United States Tax Court
From 1918 to 1942, proceeds of insurance were includible by statute in the estate of a deceased insured "to the extent * * * receivable by all other beneficiaries as insurance under policies taken out by the decedent upon his own life." Regulations interpreting this provision were in constant flux during that period. In January of 1941, a Treasury decision was promulgated, setting forth a proportionate rule for inclusion, based on payment of premiums by decedents.
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From 1918 to 1942, proceeds of insurance were includible by statute in the estate of a deceased insured "to the extent * * * receivable by all other beneficiaries as insurance under policies taken out by the decedent upon his own life." Regulations interpreting this provision were in constant flux during that period. In January of 1941, a Treasury decision was promulgated, setting forth a proportionate rule for inclusion, based on payment of premiums by decedents. Such a test, or tests very similar thereto, had been set forth by earlier regulations, but abandoned in 1937. In December of 1941…
1Opinion of the Court
FoeResteR, Judge:
The Commissioner has determined a deficiency in the amount of $10,053.54 in the estate tax of the estate of Ellis Baker, deceased. The sole issue remaining herein is whether the Commissioner erred in determining that a pro rata part of the proceeds of certain policies of insurance was includible in computing the gross estate for estate tax purposes. In view of the disposition by agreement between the parties of various other matters, a recomputation under Bule 50 will be required.
FINDINGS OP FACT.
Some of the facts have been stipulated and are so found.
Ellis Baker (hereinafter…
2Cases cited19 opinions
- Manhattan General Equipment Co. v. Commissioner of Internal RevenueSupreme Court of the United States · 1936
- Nichols v. CoolidgeSupreme Court of the United States · 1927
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Tyler v. United StatesSupreme Court of the United States · 1930
- Blodgett v. HoldenSupreme Court of the United States · 1927
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3Cited by5 opinions
- United States v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1960
- Carlton v. CommissionerUnited States Tax Court · 1960
- Ella Shure Cahen Trust, Etc. v. United StatesCourt of Appeals for the Seventh Circuit · 1961
- Baker v. CommissionerUnited States Tax Court · 1958
- Carlton v. CommissionerUnited States Tax Court · 1960