Legal Opinion

Ballinger v. Commissioner

United States Board of Tax Appeals

Decided August 26, 1931No. Docket No. 32177Published

1. Prior to 1918 decedent took out twelve policies of insurance upon his own life, naming as beneficiaries therein persons other than his executor; in eight of these policies decedent reserved the right to change the beneficiary named or to revoke a prior assignment, in three of them the complete insurance policy was not submitted in evidence, and in one decedent reserved the right to the cash surrender value at maturity or upon surrender of the policy.

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1. Prior to 1918 decedent took out twelve policies of insurance upon his own life, naming as beneficiaries therein persons other than his executor; in eight of these policies decedent reserved the right to change the beneficiary named or to revoke a prior assignment, in three of them the complete insurance policy was not submitted in evidence, and in one decedent reserved the right to the cash surrender value at maturity or upon surrender of the policy. Held, that as to the nine policies in which decedent made reservations, the proceeds should be included in his gross estate, under the rule…

1Opinion of the Court

BESSIE M. BALLINGER, EXECUTRIX OF THE ESTATE OF WALTER F. BALLINGER, DECEASED, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Ballinger v. Commissioner

Docket No. 32177.

United States Board of Tax Appeals

23 B.T.A. 1312; 1931 BTA LEXIS 1729;

August 26, 1931, Promulgated

1. Prior to 1918 decedent took out twelve policies of insurance upon his own life, naming as beneficiaries therein persons other than his executor; in eight of these policies decedent reserved the right to change the beneficiary named or to revoke a prior assignment, in three of them the complete insurance policy was…

2Cases cited17 opinions

  1. Reinecke v. Northern Trust Co.Supreme Court of the United States · 1929
  2. Chase National Bank v. United StatesSupreme Court of the United States · 1929
  3. Shwab v. DoyleSupreme Court of the United States · 1922
  4. Lewellyn v. FrickSupreme Court of the United States · 1925
  5. Frick v. LewellynDistrict Court, W.D. Pennsylvania · 1924

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