COMMISSIONER OF INTERNAL REVENUE v. BERGER

No. 83, Docket 22443.

201 F.2d 171 (1953)

COMMISSIONER OF INTERNAL REVENUE v. BERGER.

United States Court of Appeals Second Circuit.

Decided January 6, 1953.


Attorney(s) appearing for the Case

Ellis N. Slack, Acting Asst. Atty. Gen., L. W. Post, Sp. Asst. to the Atty. Gen., for petitioner Commissioner of Internal Revenue.

Grant N. Nickerson, New Haven, Conn., for respondent on review, Mabel S. Berger.

Before AUGUSTUS N. HAND and FRANK, Circuit Judges.


AUGUSTUS N. HAND, Circuit Judge.

The stipulated facts as found by the Tax Court, 10 T.C.M. 1255, are as follows: In 1934 the taxpayer's husband created an irrevocable trust of fifteen insurance policies on his life. The face value of the policies amounted to $363,000 and their paid-up value was $121,585. The grantor transferred ownership in the policies to the trustee and all sums payable prior to the grantor's death under the policies were to be used to pay premiums...

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