Hutchinson v. Commissioner
United States Tax Court
1. Upon the facts established, it is held that certain transfers of property by decedent in 1935, 10 years prior to her death, in trust for the benefit of her two sons were not made in contemplation of death within the purview of section 811(c), Internal Revenue Code. 2. Decedent also, in 1935, assigned certain policies of insurance upon her life which were taken out in conjunction with annuity policies retained by decedent and not assigned.
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1. Upon the facts established, it is held that certain transfers of property by decedent in 1935, 10 years prior to her death, in trust for the benefit of her two sons were not made in contemplation of death within the purview of section 811(c), Internal Revenue Code. 2. Decedent also, in 1935, assigned certain policies of insurance upon her life which were taken out in conjunction with annuity policies retained by decedent and not assigned. Prior to decedent's death the life insurance policies in question were cashed and the proceeds appropriated by the assignees. Held, that the life…
1Opinion of the Court
OPINION.
Bruce, Judge:
The decedent, more than 10 years prior to her death and at the age of 75,' assigned all interest in certain policies of insurance upon her life, and of a face value of $200,000, to her two sons. At about the same time she made a transfer of additional property aggregating $200,000 in face value in trust for the benefit of her sons and their families. It is respondent’s contention that these transfers were made in contemplation of death within the purview of section 811 (c), Internal Revenue Code.1 He further contends that if not made in contemplation of death, the…
2Cases cited11 opinions
- United States v. WellsSupreme Court of the United States · 1931
- Hertz v. WoodmanSupreme Court of the United States · 1910
- Helvering v. Le GierseSupreme Court of the United States · 1941
- Estate of Johnson v. CommissionerUnited States Tax Court · 1948
- Tyler v. HelveringSupreme Court of the United States · 1941
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Estate of Gerard v. CommissionersUnited States Tax Court · 1972
- Estate of Aaron v. CommissionerCourt of Appeals for the Third Circuit · 1955
- Skall v. United StatesDistrict Court, N.D. Ohio · 1972
- Estate of Aaron v. CommissionerUnited States Tax Court · 1953
- Aaron v. CommissionerUnited States Tax Court · 1953
9 more not listed; retrieve them via the Exa API.