Bergman v. Commissioner
United States Tax Court
1. Held, no part of the proceeds of an insurance policy on the life of T's wife, applied for by T and in respect of which T had all of the incidents of ownership, was includable in her gross estate under sec. 2042, I.R.C. 1954, notwithstanding that premiums had been paid with community property funds, in circumstances where it is found that she intended the policy to be T's separate property.
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1. Held, no part of the proceeds of an insurance policy on the life of T's wife, applied for by T and in respect of which T had all of the incidents of ownership, was includable in her gross estate under sec. 2042, I.R.C. 1954, notwithstanding that premiums had been paid with community property funds, in circumstances where it is found that she intended the policy to be T's separate property. Estate of Viola F. Saia, 61 T.C. 515. Held, further, T, the recipient of the proceeds, is therefore not liable as a transferee in respect thereof. Secs. 6324(a)(2) and 6901(h), I.R.C. 1954. 2. Held: T is…
1Opinion of the Court
William E. Bergman, Petitioner v. Commissioner of Internal Revenue, Respondent
Bergman v. Commissioner
Docket No. 3483-75
United States Tax Court
66 T.C. 887; 1976 U.S. Tax Ct. LEXIS 55;
August 24, 1976, Filed
Decision will be entered for the petitioner.
1. Held, no part of the proceeds of an insurance policy on the life of T's wife, applied for by T and in respect of which T had all of the incidents of ownership, was includable in her gross estate under sec. 2042, I.R.C. 1954, notwithstanding that premiums had been paid with community property funds, in circumstances where it is found that she…
2Cases cited22 opinions
- United States v. BessSupreme Court of the United States · 1958
- Helvering v. StuartSupreme Court of the United States · 1942
- Commissioner v. SternSupreme Court of the United States · 1958
- Propper v. ClarkSupreme Court of the United States · 1949
- Estate of Spiegel v. CommissionerSupreme Court of the United States · 1949
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