Myers v. Commissioner
United States Tax Court
Petitioner, as beneficiary, received the proceeds of a policy of insurance upon the life of her deceased husband. The decedent owed the United States Government an amount in respect of his income tax liability, but his estate was insolvent and unable to satisfy that obligation. Premiums on the policy had been paid by him in amounts not exceeding $ 500 per annum.
Read the full summary
Petitioner, as beneficiary, received the proceeds of a policy of insurance upon the life of her deceased husband. The decedent owed the United States Government an amount in respect of his income tax liability, but his estate was insolvent and unable to satisfy that obligation. Premiums on the policy had been paid by him in amounts not exceeding $ 500 per annum. Held, in the light of Commissioner v. Stern, 357 U.S. 39, and United States v. Bess, 357 U.S. 51, (both decided June 9, 1958) petitioner's liability under the above facts as a transferee must be determined by reference to State law.…
1Opinion of the Court
opinion.
Forrester, Judge:
The Commissioner determined that petitioner was liable under section 311,1. R. C. 1939, as a transferee for unpaid income taxes for the year 1952 of William C. Myers, Sr., deceased, in the amount of $527.08. The sole issue before us is whether petitioner is so liable by virtue of having received as beneficiary the proceeds of a policy of insurance upon the life of the deceased.
All of the facts have been stipulated and are so found.
Petitioner is the widow of William C. Myers, Sr., who died on October 20, 1952. At all relevant times until decedent’s death, petitioner…
2Cases cited3 opinions
- United States v. BessSupreme Court of the United States · 1958
- Commissioner v. SternSupreme Court of the United States · 1958
- Judson v. WalkerSupreme Court of Missouri · 1900
3Cited by3 opinions
- Bingham v. CommissionerUnited States Tax Court · 1958
- Bingham v. CommissionerUnited States Tax Court · 1958
- Myers v. CommissionerUnited States Tax Court · 1958