Legal Opinion

Estate of Margrave v. Commissioner

United States Tax Court

Decided October 10, 1978No. Docket No. 2210-76Published

Decedent's spouse applied for and owned an insurance policy on the life of the decedent, naming the trustee of a revocable trust created by the decedent as beneficiary. Upon decedent's death, the proceeds were paid to the trustee. Held, decedent did not possess any incident of ownership with respect to such life insurance policy. Held, further, he did not possess a power of appointment over the policy or the proceeds thereof.

1Opinion of the Court

Estate of Robert B. Margrave, Deceased, The United States National Bank, Executor and Trustee of The Robert B. Margrave Revocable Trust, Petitioner v. Commissioner of Internal Revenue, Respondent

Estate of Margrave v. Commissioner

Docket No. 2210-76

United States Tax Court

71 T.C. 13; 1978 U.S. Tax Ct. LEXIS 44;

October 10, 1978, Filed

Decision will be entered under Rule 155.

Decedent's spouse applied for and owned an insurance policy on the life of the decedent, naming the trustee of a revocable trust created by the decedent as beneficiary. Upon decedent's death, the proceeds were paid to the…

Also in this document: Concurrence; Dissent · Fay; Dissent · Quealy; Dissent · Chabot.

2Cases cited58 opinions

  1. Helvering v. CliffordSupreme Court of the United States · 1940
  2. Helvering v. Le GierseSupreme Court of the United States · 1941
  3. United States v. MichelSupreme Court of the United States · 1931
  4. United States v. JacobsSupreme Court of the United States · 1939
  5. Thomas W. Banks v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1963

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