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ESTATE OF BENJAMIN v. COMMISSIONER

Docket No. 5134-67.

54 T.C. 953 (1970)

ESTATE OF JACK A. BENJAMIN, DECEASED, JOHN F. BENJAMIN, CO-EXECUTOR AND ALICE U. BENJAMIN, PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT

United States Tax Court.

Filed May 11, 1970.

Attorney(s) appearing for the Case

Arthur S. Rollin and Harry Thom, for the petitioners.

Lewis M. Porter, Jr., for the respondent.

OPINION

FAY, Judge:

Respondent determined a deficiency of $9,838.13 in the income tax of petitioners for taxable year 1961. The issues presented for decision are (1) whether petitioners are entitled to capital gains treatment upon the surrender of an annuity policy and receipt of the balance payable in a lump sum (under section 402 or section 403 of the Internal Revenue Code of 1954)1 and (2) whether petitioners are entitled...

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