Legal Opinion

Lucky v. Commissioner

United States Board of Tax Appeals

Decided November 9, 1925No. Docket No. 4716PublishedCited by 9 opinions

Policies of life insurance taken out by the decedent, a resident of Tennessee, and made payable to his estate, were not receivable by the executor within the meaning of section 402(f) of the Revenue Act of 1921.

1Opinion of the Court

*1269OPINION.

Littleton:

The Commissioner held that decedent’s policies of life insurance amounting to $8,115-13 were receivable by the executor and constituted a part of the gross estate' under the provisions of section 402 (f) of the Revenue Act of 1921, which provides:

That the value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property, real or personal, tanglible or intangible, wherever situated—

[[Image here]](f) To the extent of the amount receivable by the executor as insurance under policies taken out by the decedent upon his…

2Cases cited7 opinions

  1. Rose v. WorthamTennessee Supreme Court · 1895
  2. Glass v. BennettTennessee Supreme Court · 1891
  3. Harvey v. HarrisonTennessee Supreme Court · 1891
  4. Nashville Trust Co. v. First National BankTennessee Supreme Court · 1910
  5. Cooper v. WrightTennessee Supreme Court · 1903

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

3Cited by9 opinions

  1. Flick's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1948
  2. Proutt's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1942
  3. United States v. First Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1943
  4. Estate of Margrave v. CommissionerUnited States Tax Court · 1978
  5. Estate of Margrave v. CommissionerUnited States Tax Court · 1978

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

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