Opinion

Fruehauf v. Commissioner

  • 50 T.C. 915
  • 1968 U.S. Tax Ct. LEXIS 62
Court
United States Tax Court
Filed
Sep 24, 1968
Status
Published
Author
Simpson
On the bench
Hoyt,Drennen,Simpson,Withey,Dawson,Tannenwald
Cited by
11 cases

where the fact that decedent possessed incidents of ownership in the life insurance policy was determined from an examination of the provisions of a will

How later courts described this case

  • where the fact that decedent possessed incidents of ownership in the life insurance policy was determined from an examination of the provisions of a will

Written by the judges who cited it.

The opinion

SimpsoN, </., concurring: I agree with the result reached by the majority, but I wish to emphasize that the holding of the case is confined to its facts. In this case, the decedent had the power as trustee, exercisable in conjunction with the other trustees, to surrender the policies and receive the cash surrender values, and such amounts could then be added to the corpus of the trust. If such was done, the income received by the decedent as the income beneficiary of the trust would be increased. Thus, he had a power which could be exercised so as to benefit himself. I agree that in these circumstances, such a power should be considered an incident of ownership, even though he had such power as a fiduciary. However, the case should not be read to hold that any power in the nature of an incident of ownership exercisable by an insured decedent in his fiduciary capacity causes the proceeds of the policy to be included in his gross estate.

Withey, DawsoN, and TaNNENWald, J.J., agree with this concurring opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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