Legal Opinion
First National Bank v. United States
Court of Appeals for the Fifth Circuit
Decided March 23, 1970No. 27663PublishedCited by 8 opinions
1Opinion of the Court
COLEMAN, Circuit Judge.
Does Section 2035 of the Internal Revenue Code [26 U.S.C.A. § 2035] 1 author*1287ize or require the inclusion in an insured’s gross estate of any part of the death proceeds of an insurance policy when that policy is owned by another but upon which the non-owning insured has paid part of the premiums within three years of his death. That is the sole issue in this appeal. The District Court held in the affirmative, but we must disagree.
On October 19, 1953, the Franklin Life Insurance Company issued to Naomi Clydene Maxwell, on her application, its $10,000 policy on the life of…
2Cases cited5 opinions
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Estate of Coleman v. CommissionerUnited States Tax Court · 1969
- Liebmann v. HassettCourt of Appeals for the First Circuit · 1945
- Gorman v. United StatesDistrict Court, E.D. Michigan · 1968
- Donald Scott v. Commissioner of Internal Revenue, Robert Scott v. Commissioner of Internal Revenue, Estate of Burt Edsall, Deceased, Mary E. Edsall v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1967
3Cited by8 opinions
- Estate of Kurihara v. CommissionerUnited States Tax Court · 1984
- First National Bank of Oregon, of the Estate of Fred M. Slade, Deceased v. United StatesCourt of Appeals for the First Circuit · 1973
- The First National Bank Of Midland, Texas v. United StatesCourt of Appeals for the First Circuit · 1970
- In Re Estate of Morris R. Silverman. Avrum Silverman v. Commissioner of Internal Revenue, Defendant-RespondentCourt of Appeals for the Second Circuit · 1975
- Bintliff v. United StatesDistrict Court, E.D. Texas · 1971
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