Legal Opinion

Estate of Schelberg v. Commissioner

United States Tax Court

Decided August 16, 1978No. Docket No. 1776-77PublishedCited by 9 opinions

Held: A survivors income benefit, payable by decedent's employer to decedent's eligible survivors pursuant to a so-called Life Insurance Plan, was includable in his gross estate under sec. 2039, I.R.C. 1954. The decedent's rights under a Disability Plan maintained by the employer as part of the employer's overall program of benefits for its employees must, in the circumstances of this case, be considered together with the survivors income benefit in the application of sec.…

Read the full summary

Held: A survivors income benefit, payable by decedent's employer to decedent's eligible survivors pursuant to a so-called Life Insurance Plan, was includable in his gross estate under sec. 2039, I.R.C. 1954. The decedent's rights under a Disability Plan maintained by the employer as part of the employer's overall program of benefits for its employees must, in the circumstances of this case, be considered together with the survivors income benefit in the application of sec. 2039, and so considered require inclusion of the survivors income benefit in the gross estate. A line of decisions in…

1Opinion of the Court

Raum, Judge:

The Commissioner determined a deficiency in petitioner’s Federal estate tax of $12,686.38. The only issue presented is whether the present value of the survivors income benefit payable with respect to the decedent by decedent’s employer is includable in decedent’s gross estate under section 2039,1.R.C. 1954.1

FINDINGS OF FACT

Some of the facts have been stipulated. The stipulation of facts and accompanying exhibits are incorporated herein by this reference.

Petitioner is the Estate of William V. Schelberg, Sarah J. Schelberg, executrix. Sarah J. Schelberg is and at all relevant times…

2Cases cited15 opinions

  1. Commissioner v. South Texas Lumber Co.Supreme Court of the United States · 1948
  2. Helvering v. Stockholms Enskilda BankSupreme Court of the United States · 1934
  3. Rohmer v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1946
  4. Fusz v. CommissionerUnited States Tax Court · 1966
  5. Estate of J. William Bahen, Deceased, Kathleen Privett Bahen, Sole v. The United StatesUnited States Court of Claims · 1962

10 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Estate of Di Marco v. CommissionerUnited States Tax Court · 1986
  2. Estate of Siegel v. CommissionerUnited States Tax Court · 1980
  3. Estate of William v. Schelberg, Sarah J. Schelberg v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1979
  4. Estate of Perl v. CommissionerUnited States Tax Court · 1981
  5. De Biasi v. CommissionerUnited States Tax Court · 1983

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API