Levine v. United States

OPINION

ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

PHILIP R. MILLER, Judge:

I

This is a suit for refund of $18,133.50 in estate taxes. The question presented is whether there should be included in the decedent’s gross estate, as transfers in contemplation of death within the scope of Internal Revenue Code (I.R.C.) § 2035 (as in effect during 1978), the proceeds of two life insurance policies of which his wife was the beneficiary, the stated policy applicant and owner, but which the decedent’s controlled corporation and employer, within 3 years prior to his death, caused to be issued and for which, in…