Wynekoop v. Commissioner
United States Tax Court
At the time of his death decedent owned three insurance policies which contained identical language with respect to the rights of his widow thereunder. Respondent determined the surviving spouse does not have the power thereunder to appoint the principal proceeds of the policies to herself, and therefore that the total amount thereof does not qualify for the marital deduction pursuant to section 812 (e) (1) (G), 1939 Code.
Read the full summary
At the time of his death decedent owned three insurance policies which contained identical language with respect to the rights of his widow thereunder. Respondent determined the surviving spouse does not have the power thereunder to appoint the principal proceeds of the policies to herself, and therefore that the total amount thereof does not qualify for the marital deduction pursuant to section 812 (e) (1) (G), 1939 Code. After appropriate demand, the widow filed suit against the company for the principal proceeds of one of the three policies. After a contested, adversary proceeding, the…
1Opinion of the Court
OPINION.
Fisher, Judge:
Respondent determined that none of the proceeds of six insurance policies on decedent’s life qualify for the marital deduction pursuant to section 812 (e) (1) (G), Internal Revenue Code of 1939, since the proceeds were to be held by the companies (with interest or installments payable monthly to the widow) with no power in the surviving spouse to appoint all such proceeds to herself. Petitioner assigned as error respondent’s determination with respect only to three policies issued by The Northwestern Mutual Life Insurance Company. Respondent, however, now concedes that…
2Cases cited8 opinions
- Blair v. CommissionerSupreme Court of the United States · 1937
- Helvering v. StuartSupreme Court of the United States · 1942
- Freuler v. HelveringSupreme Court of the United States · 1934
- Sharp v. CommissionerSupreme Court of the United States · 1938
- Morris v. MorrisNew York Court of Appeals · 1936
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wynekoop v. CommissionerUnited States Tax Court · 1955