Estate of Madsen v. Commissioner of Internal Revenue

(concurring) — I concur in the majority opinion. I believe, however, that it is important to point out that our opinion today should not be construed so as to prohibit couples from establishing the spouse as sole owner of the insured's policy. If the funds used to purchase the policy are separate property or if the instruments clearly demonstrate an intent on the part of the insured spouse to make a gift of his or her interest, the policy and its proceeds are separate, not community, property. Mollett v. United Benefit Life Ins. Co., 81 Wn.2d 359, 363, 502 P.2d *801460 (1972). Under these…