Legal Opinion

Moore v. Commissioner

United States Board of Tax Appeals

Decided September 30, 1935No. Docket No. 58720PublishedCited by 9 opinions

1. ESTATE TAX - INSURANCE. - Where the decedent took out life insurance on his own life and named beneficiaries therefor, other than his own estate, and reserved the right to change the beneficiaries, which right existed at the time of his death, the proceeds of such insurance in excess of the $40,000 exemption should be included as part of decedent's gross estate. 2. Id. - Where certain other life insurance policies issued upon the life of the decedent were made payable to…

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1. ESTATE TAX - INSURANCE. - Where the decedent took out life insurance on his own life and named beneficiaries therefor, other than his own estate, and reserved the right to change the beneficiaries, which right existed at the time of his death, the proceeds of such insurance in excess of the $40,000 exemption should be included as part of decedent's gross estate. 2. Id. - Where certain other life insurance policies issued upon the life of the decedent were made payable to beneficiaries other than his estate, and no power to change the beneficiaries was reserved, but they contained clauses…

1Opinion of the Court

OPINION.

Black :

This case involves a deficiency in estate tax imposed by the Revenue Act of 1926 and depends upon the question of whether or not the proceeds of certain .life insurance policies are includable as part of the gross estate of Edward W. Moore, deceased. In the deficiency notice the respondent determined the deficiency at $36,655.76, based upon the inclusion of the value of a number of life insurance policies in the decedent’s gross estate. By affirmative allegations in his amended answer the respondent seeks to include in the gross estate certain other life insurance policies and…

2Cases cited5 opinions

  1. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  2. Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
  3. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  4. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
  5. Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900

3Cited by9 opinions

  1. Donaldson v. CommissionerUnited States Tax Court · 1959
  2. Bank of America Nat'l Trust & Sav. Asso. v. CommissionerUnited States Board of Tax Appeals · 1936
  3. Billings v. CommissionerUnited States Board of Tax Appeals · 1937
  4. Boswell v. CommissionerUnited States Board of Tax Appeals · 1938
  5. Central Hanover Bank & Trust Co. v. CommissionerUnited States Board of Tax Appeals · 1939

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