Gesner v. United States

This suit for refund of $13,626.61 in estate tax and assessed interest is before the court on the parties’ cross-motions for summary judgment. Plaintiffs, co-executors of the estate of decedent, Carleton P. Gesner, dispute the inclusion by the Internal Revenue Service (IRS) of certain insurance policies in the decedent’s gross estate under section 2042(2) of the Internal Revenue Code of 1954.1 The precise question presented for decision here is whether the decedent possessed incidents of ownership in five insurance policies on his life which were held by a trust of which he was both a trustee…