Godfrey v. Smyth, Collector of Internal Revenue

Ninth Circuit

Godfrey v. Smyth, Collector of Internal Revenue

180 F.2d 220, 38 A.F.T.R. (P-H) 1503, 1950 U.S. App. LEXIS 4078

CourtCourt of Appeals for the Ninth Circuit

DecidedJanuary 21, 1950

Docket12277_1

StatusPublished

Cited by3 cases

This text of 180 F.2d 220 (Godfrey v. Smyth, Collector of Internal Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Godfrey v. Smyth, Collector of Internal Revenue, 180 F.2d 220, 38 A.F.T.R. (P-H) 1503, 1950 U.S. App. LEXIS 4078 (9th Cir. 1950).

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Opinion

PER CURIAM.

The question on this appeal is whether the proceeds of certain policies of insurance on the life of the decedent are includible in his gross estate for the purposes of federal estate tax under § 811" of the Internal Revenue Code, as amended by the Revenue Act of 1942, 26 U.S.C.A. § 811.

*221 The trial court found that all premiums on these policies were paid out of community property and that the insured retained incidents of ownership in the policies and their proceeds. Accordingly it held that the proceeds in question form a part of the gross estate. It rejected as unfounded the taxpayer’s contention, again urged here, that there was an oral agreement between the decedent and his wife to change the community insurance to separate property. We think these findings and conclusions are supported by the record. Apart from the contention predicated on the supposed oral agreement the result must be the same in view of the finding that at the time of his death the decedent had incidents of ownership in all of the policies exercisible either alone or in conjunction with his wife.

The reasons for these views are adequately developed in the brief opinion rendered by the trial court on taxpayer’s motion to amend the findings and judgment. 87 F. Supp. 982. With this opinion wc are in full accord.

The judgment is affirmed.

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PER CURIAM.

The question on this appeal is whether the proceeds of certain policies of insurance on the life of the decedent are includible in his gross estate for the purposes of federal estate tax under § 811" of the Internal Revenue Code, as amended by the Revenue Act of 1942, 26 U.S.C.A. § 811.

*221 The trial court found that all premiums on these policies were paid out of community property and that the insured retained incidents of ownership in the policies and their proceeds. Accordingly it held that the proceeds in question form a part of the gross estate. It rejected as unfounded the taxpayer’s contention, again urged here, that there was an oral agreement between the decedent and his wife to change the community insurance to separate property. We think these findings and conclusions are supported by the record. Apart from the contention predicated on the supposed oral agreement the result must be the same in view of the finding that at the time of his death the decedent had incidents of ownership in all of the policies exercisible either alone or in conjunction with his wife.

The reasons for these views are adequately developed in the brief opinion rendered by the trial court on taxpayer’s motion to amend the findings and judgment. 87 F. Supp. 982. With this opinion wc are in full accord.

The judgment is affirmed.

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Bluebook (online)

180 F.2d 220, 38 A.F.T.R. (P-H) 1503, 1950 U.S. App. LEXIS 4078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/godfrey-v-smyth-collector-of-internal-revenue-ca9-1950.

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