UNITED STATES v. BEHRENS

Civ. A. No. 14169.

130 F.Supp. 93 (1955)

UNITED STATES of America, Plaintiff, v. Mrs. Elly Swaab BEHRENS, Individually and as Executrix of Estate of Leo F. Behrens, Defendant.

United States District Court E. D. New York.

April 1, 1955.


Attorney(s) appearing for the Case

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Donald P. Hertzog, Sp. Assts. to Atty. Gen., Leonard P. Moore, U. S. Atty., Brooklyn, N. Y., John W. Wydler, Asst. U. S. Atty., Garden City, N. Y., for the United States.

Henry L. Kanter, New York City, for defendant.


BRUCHHAUSEN, District Judge.

Both parties moved for summary judgment.

The facts are stipulated. The issue of law presented is whether a Government lien under 26 U.S.C.A. § 3670 for taxes assessed against a decedent prior to his death attaches to the cash surrender value of life insurance policies, taken out by the insured, who retained the right to change the beneficiary, borrow on the policies, assign them and receive the cash surrender values.

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