Commissioner of Internal Revenue v. Estate of Raymond W. Albright, Deceased

WATERMAN, Circuit Judge:

The Commissioner of Internal Revenue petitions to review a decision of the Tax Court of the United States holding that payments to a beneficiary under two retirement annuity contracts, which met the requirements of Section 401(a), 1 paid when the prospective annuitant died prior to the effective annuity date, are only partially, and not wholly, includable in the decedent’s gross estate for federal estate tax purposes. Albright v. Commissioner, 42 T.C. 643 (1964). We reverse on the ground that such payments were fully includable because they were wholly attributable to…