Legal Opinion

Blaffer v. Commissioner

United States Board of Tax Appeals

Decided September 28, 1938No. Docket Nos. 89317, 90945PublishedCited by 2 opinions

Where a husband domiciled in Texas made a gift to an insurance trust of all of his right, title, and interest in and to life insurance policies, in which up to the date of the gift he had the right to change the beneficiary and to receive the cash surrender value of the policies, he is liable to gift tax upon the entire value of the policies and not upon one-half of such value.

1Opinion of the Court

OPINION.

Smiti-i:

These proceedings, consolidated for hearing, involve gift tax deficiencies for 1934 as follows:

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In his brief the respondent states the questions presented as follows:

Did the Commissioner properly determine that the petitioner, B. L. Blaffer, residing in Texas, should properly include in his taxable gifts the full value of certain insurance policies, rather than only one-half thereof as contended by petitioner?

The first three issues of the petitions in both proceedings raised questions of value. These matters have been disposed of by the stipulations of the…

2Cases cited17 opinions

  1. Lang v. CommissionerSupreme Court of the United States · 1938
  2. Martin v. McAllisterTexas Supreme Court · 1901
  3. New York Life Insurance v. Bank of ItalyCalifornia Court of Appeal · 1923
  4. Kelly v. KellySupreme Court of Louisiana · 1912
  5. Sizeler v. SizelerSupreme Court of Louisiana · 1930

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3Cited by2 opinions

  1. Blaffer v. CommissionerCourt of Appeals for the Fifth Circuit · 1943
  2. Blaffer v. CommissionerUnited States Board of Tax Appeals · 1938

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