Legal Opinion

Mason v. Commissioner

United States Board of Tax Appeals

Decided February 28, 1941No. Docket No. 100944PublishedCited by 14 opinions

1. A Kentucky court entered a judgment fixing the alimony of decedent's former wife at $150,000, in accordance with an agreement between the parties, and directing decedent to pledge policies of insurance in the total face amount of $150,000 taken out by him on his own life to secure the payment of the amount fixed as alimony.

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1. A Kentucky court entered a judgment fixing the alimony of decedent's former wife at $150,000, in accordance with an agreement between the parties, and directing decedent to pledge policies of insurance in the total face amount of $150,000 taken out by him on his own life to secure the payment of the amount fixed as alimony. As directed by the court, decedent assigned to his former wife policies in the total face amount of $150,000 to secure the payment of the amount fixed as alimony. After decedent's death the proceeds of the policies in the total amount of $150,000 were paid by the…

1Opinion of the Court

*817OPINION.

HaRRON :

The first question is whether the proceeds of the policies of insurance which were taken out by decedent upon his own life and *818which were pledged by him with his former wife to secure the payment of the amount allowed her as alimony by the Fayette Circuit Court should be included in the decedent’s gross estate, under section 302 (g) of the Revenue Act of 1926, as amended by section 404 of the Revenue Act of 1934, the pertinent provisions of which are set forth in the margin.1

On their estate tax return petitioners did not include the proceeds of the policies in the gross…

2Cases cited14 opinions

  1. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  2. Douglas v. WillcutsSupreme Court of the United States · 1935
  3. Wilson v. . HinmanNew York Court of Appeals · 1905
  4. Emerson v. EmersonCourt of Appeals of Maryland · 1913
  5. Muir v. MuirCourt of Appeals of Kentucky · 1906

9 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Commissioner of Internal Revenue v. MaresiCourt of Appeals for the Second Circuit · 1946
  2. Commissioner of Internal Rev. v. State Street T. Co.Court of Appeals for the First Circuit · 1942
  3. In Re the Estate of GuflerWashington Supreme Court · 1953
  4. Estate of Robinson v. CommissionerUnited States Tax Court · 1975
  5. Fleming v. YokeDistrict Court, N.D. West Virginia · 1944

9 more not listed; retrieve them via the Exa API.

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