Tuohy v. Commissioner
United States Tax Court
Upon the facts, held, decedent and not his mother during her lifetime elected to take the proceeds of two life insurance policies under an optional provision of the policies; held, further, that such election constituted a transfer of property within the meaning of section 811 (c) of the Internal Revenue Code. Estate of Mabel E. Morton, 12 T. C. 380.
1Opinion of the Court
OPINION.
TTtt.t,, Judge:
Respondent determined a deficiency in estate tax in the amount of $6,240.68. Certain adjustments made by respondent are not contested. The only issue is whether the respondent erred in including in the gross estate of decedent one-half of the value of the proceeds of two life insurance policies issued on the life of the mother of decedent.
All of the facts were stipulated and they are so found.
John Joseph Tuohy Jr., the decedent, died on July 26, 1944. The petitioner is the duly authorized and acting executor of the estate of decedent. The estate tax return was filed…
2Cases cited5 opinions
- Chase National Bank v. United StatesSupreme Court of the United States · 1929
- Higgs v. CommissionerUnited States Tax Court · 1949
- Johnston v. KearnsCalifornia Court of Appeal · 1930
- Morton v. CommissionerUnited States Tax Court · 1949
- Estate of BurnettCalifornia Court of Appeal · 1941
3Cited by5 opinions
- In Re Estate of Ida Jarvis Pyle. Robert M. Pyle v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1963
- The National City Bank of Cleveland, of the Estate of Pearl C. Dauby, Deceased v. United StatesCourt of Appeals for the Sixth Circuit · 1966
- Whiteley v. United StatesDistrict Court, W.D. Washington · 1963
- Rundle v. WelchDistrict Court, S.D. Ohio · 1960
- Tuohy v. CommissionerUnited States Tax Court · 1950