Legal Opinion

Green v. Commissioner

United States Tax Court

Decided May 30, 1984No. Docket No. 17956-80PublishedCited by 2 opinions

Decedent was a public school teacher employed by the Board of Education of the City of New York. The board purchased an annuity contract for decedent's benefit which petitioner seeks to exclude from decedent's estate. Held, the benefit is excludable under sec. 2039(c)(3), I.R.C. 1954; the board is an educational organization under sec. 170(b)(1)(A)(ii), I.R.C. 1954, which is exempt from tax under sec. 501(a), I.R.C. 1954.

1Opinion of the Court

OPINION

Tannenwald, Judge:

Respondent determined a deficiency of $165.29 in petitioner’s Federal estate tax. The sole issue for decision is whether the value of an annuity contract purchased by decedent’s employer, a city school board, for the decedent’s benefit is excludable from decedent’s estate under section 2039(c)(3).1

This case was submitted fully stipulated pursuant to Rule 122. The stipulations of fact and exhibits attached thereto are incorporated herein by this reference.

Petitioner is the Estate of Ethel P. Green, represented by its executor, David L. Green. At the time he filed the…

2Cases cited6 opinions

  1. Lanza v. WagnerNew York Court of Appeals · 1962
  2. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960
  3. Driscoll v. Washington County Fire Ins.Court of Appeals for the Third Circuit · 1940
  4. Estate of Johnson v. CommissionerUnited States Tax Court · 1971
  5. Savings Feature of Relief Dep't v. CommissionerUnited States Board of Tax Appeals · 1935

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

3Cited by2 opinions

  1. Day v. CommissionerUnited States Tax Court · 1985
  2. Green v. CommissionerUnited States Tax Court · 1984

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