Opinion

A. C. Ross, District Director of Internal Revenue, Atlanta, Georgia v. Suzanne Odom, Individually and as of the Estate of Benton Odom, Deceased

  • 401 F.2d 464
  • 22 A.F.T.R.2d (RIA) 5624
  • 1968 U.S. App. LEXIS 5528
Court
Court of Appeals for the Fifth Circuit
Filed
Sep 16, 1968
Status
Published
Author
Fahy
On the bench
Brown, Fahy, Dyer
Cited by
7 cases

Although “[t]he amounts payable to beneficiaries under the system were not funded or reinsured by any independent insurance company [,] . . . we fully approve the Trial Court’s holding that the [payment] constituted amounts received under a life insurance contract.”

How later courts described this case

  • Although “[t]he amounts payable to beneficiaries under the system were not funded or reinsured by any independent insurance company [,] . . . we fully approve the Trial Court’s holding that the [payment] constituted amounts received under a life insurance contract.”

Written by the judges who cited it.

The opinion

FAHY, Circuit Judge

(dissenting):

I am of opinion that the history of the over-all problem, considered with the language and juxtaposition of the two provisions of the Internal Revenue Code of 1954 to be construed, show a congressional intent, which should control, that the payments to the widow in this case under the Georgia Survivor’s Benefit Program are to be governed for federal income tax purposes by the provisions of Section 101(b) rather than of Section 101(a). For this reason I respectfully dissent.

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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