Legal Opinion

ESTATE OF McNAMARA v. COMMISSIONERS OF INTERNAL REVENUE

United States Tax Court

Decided November 24, 1981No. Docket No. 10646-79Unpublished

D died in Sept. 1976. Within 3 years of his death, D assigned a contributory group term life insurance policy on his life to W. On D's death, W received the proceeds of such policy. Held, such assignment was made in contemplation of death within the meaning of sec. 2035 I.R.C. 1954; therefore, the proceeds of such policy are includable in D's gross estate.

1Opinion of the Court

ESTATE OF EDGAR C. McNAMARA, Deceased, HELEN M. McNAMARA and AMERICAN FLETCHER NATIONAL BANK & TRUST COMPANY, Co-Executors, Petitioner v. COMMISSIONERS OF INTERNAL REVENUE, Respondent

ESTATE OF McNAMARA v. COMMISSIONERS OF INTERNAL REVENUE

Docket No. 10646-79.

United States Tax Court

T.C. Memo 1981-674; 1981 Tax Ct. Memo LEXIS 65; 42 T.C.M. (CCH) 1728;

November 24, 1981.

D died in Sept. 1976. Within 3 years of his death, D assigned a contributory group term life insurance policy on his life to W. On D's death, W received the proceeds of such policy. Held, such assignment was made in contemplation…

2Cases cited12 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Igleheart v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1935
  3. Estate of Gerard v. CommissionersUnited States Tax Court · 1972
  4. Fay Lewis Berman, of the Estate of Joseph Emile Berman v. United StatesCourt of Appeals for the Fifth Circuit · 1973
  5. Estate of Honickman v. CommissionerUnited States Tax Court · 1972

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