Weil v. Commissioner
United States Tax Court
1. Charles and Beulah Weil entered into an agreement which was incident to a decree of divorce. Charles agreed to pay premiums on insurance policies insuring his life. The policies were delivered to Beulah for safekeeping. Held, on the facts, that none of the insurance policies were assigned to Beulah, and she did not become the owner of any of them; her interest in them was contingent.
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1. Charles and Beulah Weil entered into an agreement which was incident to a decree of divorce. Charles agreed to pay premiums on insurance policies insuring his life. The policies were delivered to Beulah for safekeeping. Held, on the facts, that none of the insurance policies were assigned to Beulah, and she did not become the owner of any of them; her interest in them was contingent. Held, further, that the amounts of premiums paid by Charles are not part of periodic payments within section 22 (k) of the Internal Revenue Code and, therefore, they are not deductible under section 23 (u) of…
1Opinion of the Court
OPINION.
HaReon, Judge:
Issue 1: Insurance Premiums.
The respondent takes the position in these proceedings that the sums applied by Charles for the payment of insurance premiums during the taxable years were not received by Beulah, directly or constructively, within the meaning of section 22 (k) of the Internal Revenue Code, and that, therefore, deductions for such payments are not allowable to Charles under section 23 (u) of the Code. He claimed deductions, in his amended petitions, for the payments, as alimony payments, in the amount of $1,278.72 and $1,322.41 in 1947 and 1948.
In taking the…
2Cases cited15 opinions
- Smith's Estate v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1953
- Carmichael v. CommissionerUnited States Tax Court · 1950
- Baker Et Ux. v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1953
- Seligmann v. Commissioner of Internal RevenueCourt of Appeals for the Seventh Circuit · 1953
- Walsh v. Comm'rUnited States Tax Court · 1954
10 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Griffith v. CommissionerUnited States Tax Court · 1961
- Weil v. CommissionerCourt of Appeals for the Second Circuit · 1957
- Joslyn v. CommissionerUnited States Tax Court · 1954
- Weil v. CommissionerUnited States Tax Court · 1955
- Harris v. CommissionerUnited States Tax Court · 1969
36 more not listed; retrieve them via the Exa API.