GODFREY v. SMYTH

No. 12277.

180 F.2d 220 (1950)

GODFREY v. SMYTH, Collector of Internal Revenue.

United States Court of Appeals Ninth Circuit.

January 21, 1950.


Attorney(s) appearing for the Case

I. M. Peckham, San Francisco, Cal., for appellant.

Theron Lamar Caudle, Asst. Atty. Gen., Ellis N. Slack, Lee A. Jackson, L. W. Post, Sp. Assts. to Atty. Gen., Frank J. Hennessy, U. S. Atty., C. Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before HEALY, McALLISTER, and ORR, Circuit Judges.


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.

The trial court found that all premiums on these policies were paid out of community property and that the insured...

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