MIMS HOTEL CORP. v. COMMISSIONER OF INTERNAL REVENUE

No. 6135.

185 F.2d 55 (1950)

MIMS HOTEL CORP. v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1950.


Attorney(s) appearing for the Case

Richard G. Herndon, Wheeling, W. Va., for petitioner.

Hilbert P. Zarky, Sp. Asst. to the Atty. Gen. (Theron Lamar Caudle, Asst. Atty. Gen. and Ellis N. Slack, Sp. Asst. to the Atty. Gen. on brief), for respondent.

Before PARKER, Chief Judge, and SOPER, Circuit Judge, and TIMMERMAN, District Judge.


PARKER, Chief Judge.

This is an appeal from the Tax Court in a case involving the proceeds of a life insurance policy on an officer of a corporation. The policy had been taken out and assigned to secure a loan to the corporation made by the insurance company; and upon the death of the officer the face of the policy was credited on the loan. The corporation, which was the taxpayer, contended that the proceeds of the policy should be included in its equity invested...

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