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.
Read the full summary
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
Raum, Judge:
The Commissioner determined that petitioner is liable as a transferee for an estate tax deficiency of $11,607.09 in respect of the estate of his deceased wife Margaret Black Bergman. Although the parties have reached agreement regarding several adjustments set forth in the notice of deficiency, there remain in controversy two adjustments as well as petitioner’s liability as a transferee. In particular, the following questions are still unresolved. First, are one-half of the proceeds of a life insurance policy on the decedent’s life in which petitioner was named the owner and the…
2Cases cited21 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
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Estate of Doherty v. Comm'rUnited States Tax Court · 1990
- Novotny v. CommissionerUnited States Tax Court · 1989
- Estate of Marks v. CommissionerUnited States Tax Court · 1990
- Magill v. Comm'rUnited States Tax Court · 1982
- Bergman v. CommissionerUnited States Tax Court · 1976
4 more not listed; retrieve them via the Exa API.