IN RE NOEL'S ESTATE

No. 14441.

332 F.2d 950 (1964)

In re ESTATE of Marshal L. NOEL, Deceased. William H. FRANTZ and Ruth M. Noel, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Third Circuit.

Decided June 17, 1964.


Attorney(s) appearing for the Case

Edward F. Merrey, Jr., Paterson, N. J. (Harry Norman Ball, Philadelphia, Pa., John P. Goceljak, Paterson, N. J., on the brief), for petitioners.

Arthur E. Strout, Dept. of Justice, Washington, D. C. (Richard M. Roberts, Acting Asst. Atty. Gen., Lee A. Jackson, L. W. Post, Attorneys, Department of Justice, Washington, D. C., on the brief), for respondent.

Before STALEY, GANEY and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge.

This case is here on a petition to review a decision of the Tax Court. The principal question for decision is whether the proceeds of an air flight insurance policy paid to the designated beneficiary are includible in the gross estate of the decedent under § 2042(2) of the 1954 Internal Revenue Code, 26 U.S.C.A. § 2042(2). The question is admittedly one of novel impression not wholly free of difficulty.

The pertinent...

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