SCHONGALLA v. HICKEY

No. 221.

149 F.2d 687 (1945)

SCHONGALLA v. HICKEY, Collector of Internal Revenue.

Circuit Court of Appeals, Second Circuit.

May 2, 1945.


Attorney(s) appearing for the Case

Edward A. Alexander, of New York City (John A. Klett, of New York City, of counsel), for appellant.

Samuel O. Clark, Jr. Asst. Atty. Gen., Sewall Key, A. F. Prescott, Leon F. Cooper, and Newton K. Fox, Sp. Assts. to Atty. Gen., and Irving J. Higbee, U. S. Atty., of Syracuse, N. Y., for appellee.

Before SWAN, CHASE, and FRANK, Circuit Judges.


SWAN, Circuit Judge.

Decision of this appeal turns on whether or not the proceeds of four life insurance policies upon the life of William Schongalla, who died January 12, 1938, should be included in his gross estate for estate tax purposes under section 302(g) of the Revenue Act of 1926 as amended, Int.Rev.Code § 811(g), 26 U.S.C.A. Int.Rev.Code, § 811 (g), and the applicable Treasury Regulations, 80 Treas.Reg. Arts. 25, 27. The executrix of the insured...

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