Estate of Gorby v. Commissioner
United States Tax Court
The decedent was insured under two group life insurance policies. He was issued individual-form certificates, specifying his coverage pursuant to the master insurance policies. A provision in one of the master policies specifically authorized an assignment of the insured's interest, and a provision in the other master policy purporting to prohibit assignment was deleted by endorsement.
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The decedent was insured under two group life insurance policies. He was issued individual-form certificates, specifying his coverage pursuant to the master insurance policies. A provision in one of the master policies specifically authorized an assignment of the insured's interest, and a provision in the other master policy purporting to prohibit assignment was deleted by endorsement. The certificates failed to conform to the master policies in that they purported to proscribe assignment of the insured's rights. Prior to his death, decedent attempted to assign his rights under both policies.…
1Opinion of the Court
OPINION
Raum, Judge:
The Commissioner determined a deficiency in the estate tax of the Estate of Max J. Gorby in the amount of $92,120.15. The only issue remaining with respect to that deficiency is whether decedent retained sufficient incidents of ownership in two group term life insurance policies to render them includable in his gross estate pursuant to section 2042(2), I.R..C. 1954. The facts have been stipulated.
The decedent, Max J. Gorby (Gorby), was a resident of California at the time of his death, and the duly appointed executors of his will resided in California when the petition…
2Cases cited18 opinions
- Commissioner v. Estate of BoschSupreme Court of the United States · 1967
- James v. United StatesSupreme Court of the United States · 1961
- Lehman v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1940
- Tauber v. CommissionerUnited States Tax Court · 1955
- United States v. Estate of GraceSupreme Court of the United States · 1969
13 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Lumpkin v. CommissionerUnited States Tax Court · 1971
- Estate of Smead v. CommissionerUnited States Tax Court · 1982
- Estate of Bartlett v. CommissionerUnited States Tax Court · 1970
- Estate of Bartlett v. CommissionerUnited States Tax Court · 1970
- Estate of Gorby v. CommissionerUnited States Tax Court · 1969
4 more not listed; retrieve them via the Exa API.