Estate of Hahn v. Commissioner

Board of Tax Appeals

Estate of Hahn v. Commissioner

38 B.T.A. 3

CourtUnited States Board of Tax Appeals

DecidedJuly 8, 1938

DocketDocket No. 90310

StatusPublished

Cited by3 cases

This text of 38 B.T.A. 3 (Estate of Hahn v. Commissioner) is published on Counsel Stack Legal Research, covering United States Board of Tax Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Estate of Hahn v. Commissioner, 38 B.T.A. 3 (bta 1938).

Pincite

Opinion

[4]*4OPINION.

Murdock :

Section 302 (g) of the Revenue Act of 1926 includes in the gross estate “the excess over $40,000 of the amount receivable by all other beneficiaries [than the executor] as insurance under policies taken out by the decedent upon his own life.” That provision does not cover these policies, since they were not taken out by the decedent. Furthermore, he did not own the policies and actually had none of the indicia of ownership such as possession, power to pledge, or power to surrender. He had a limited power to name and change the beneficiary, but that was only with the approval of the owner, William Hahn & Co. The Commissioner erred in including the value of these policies in the decedent’s gross estate.

Decision wUl 5c entered imder Bule 60.

Free access — add to your briefcase to read the full text and ask questions with AI

[4]*4OPINION.

Murdock :

Section 302 (g) of the Revenue Act of 1926 includes in the gross estate “the excess over $40,000 of the amount receivable by all other beneficiaries [than the executor] as insurance under policies taken out by the decedent upon his own life.” That provision does not cover these policies, since they were not taken out by the decedent. Furthermore, he did not own the policies and actually had none of the indicia of ownership such as possession, power to pledge, or power to surrender. He had a limited power to name and change the beneficiary, but that was only with the approval of the owner, William Hahn & Co. The Commissioner erred in including the value of these policies in the decedent’s gross estate.

Decision wUl 5c entered imder Bule 60.

Cite This Page — Counsel Stack

Bluebook (online)

38 B.T.A. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-hahn-v-commissioner-bta-1938.

Opinion

Related

Cite This Page — Counsel Stack