Commissioner of Int. Rev. v. Karagheusian's Estate, 252

Citation233 F.2d 197
Decision Date07 May 1956
Docket NumberDocket 23822.,No. 252,252
PartiesCOMMISSIONER OF INTERNAL REVENUE, Petitioner, v. ESTATE of Miran KARAGHEUSIAN, Walter J. Corno, Leila Karagheusian, and Minot A. Crofoot, Executors, Respondent. ESTATE of Miran KARAGHEUSIAN, Walter J. Corno, Leila Karagheusian, and Minot A. Crofoot, Executors, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)

H. Brian Holland, Asst. Atty. Gen. (Lee A. Jackson, Robert N. Anderson, Joseph N. Goetten, Attys., Dept. of Justice, Washington, D. C., on the brief), for Commissioner of Internal Revenue.

Richard H. Appert, Robert W. Martin, New York City (White & Case, New York City, on the brief, of counsel), for Estate of Miran Karagheusian, Walter J. Corno, Leila Karagheusian and Minot A. Crofoot, Executors.

Before FRANK, LUMBARD and WATERMAN, Circuit Judges.

LUMBARD, Circuit Judge.

The question at issue is whether and to what extent the proceeds of an insurance policy on the life of Miran Karagheusian who died October 7, 1948 are includible in the decedent's gross estate under § 811(g) (2) of the Internal Revenue Code of 1939.

The insurance policy which is the subject of the present litigation was issued on December 23, 1927 pursuant to an application by Zabelle Karagheusian, the wife of the decedent. It insured the life of the decedent in the amount of $100,000. All rights of ownership vested in Zabelle Karagheusian during her lifetime, then in Leila the daughter of Miran and Zabelle, during Leila's lifetime, and finally in Miran Karagheusian, his executors, administrators or assigns. On or about June 13, 1928 Zabelle entered into a trust agreement whereby the life insurance policy in question together with certain other securities was transferred to the Bankers Trust Company as trustee. On June 14, 1928 she executed an absolute assignment of the policy to the trustee. By the terms of the trust the current income was to be used first to pay the premiums on the insurance policy. Any excess income was to be paid to the income beneficiaries: Zabelle during her lifetime and Leila thereafter. After the death of the income beneficiaries the principal of the trust was to be paid to Miran Karagheusian, if still living, or to a charitable foundation.

The trust instrument, as amended in 1932, further provided that Zabelle could modify the trust or alter it in any manner or revoke it in whole or in part, with the written consent of Miran and Leila, or the survivor.

From time to time after the creation of the trust Miran and Zabelle transferred various property and securities to it. The income from property contributed to the trust by Zabelle was at all times sufficient to pay the premiums on the policy.

The Commissioner seeks to include the entire proceeds of the policy in the decedent's gross estate on the theory that he possessed at his death an "incident of ownership, exercisable either alone or in conjunction with any other person." Section 811(g) (2) (B) I.R.C.1939. The Tax Court held that the decedent did not possess an incident of ownership. It held, however, that since the premiums on the policy were paid in part out of income from property contributed to the trust by the decedent, that portion of the proceeds attributable to premiums paid by the decedent is includible in his gross estate under § 811(g) (2) (A) I.R.C.1939. From this decision both the Commissioner and the taxpayers appeal. Our disposition of the Commissioner's appeal makes it unnecessary to consider the questions raised by the taxpayers' appeal.

Section 811 of the Internal Revenue Code of 1939 reads in part as follows:

"The value of the gross estate of the decedent shall be determined by including the value at the time of his death of all property * * *
"(g) Proceeds of Life Insurance * * *
"(2) Receivable by other beneficiaries. To the extent of the amount receivable by all other beneficiaries as insurance under policies upon the life of the decedent * * * (B) with respect to which the decedent possessed at his death any of the incidents of ownership, exercisable either alone or in conjunction with any other person."

Section 81.27(a) (7) of Regulation 105 provides in part as follows:

"For the purposes of this section, the term `incidents of ownership\' is not confined to ownership in the technical legal sense. For example, a power to change the beneficiary reserved to a corporation of which the decedent is sole
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23 cases
  • United States Nat'l Bank v. Comm'r of Internal Revenue (In re Estate of Margrave)
    • United States
    • U.S. Tax Court
    • October 10, 1978
    ...of his consent or a veto power) was held to be an incident of ownership are clearly distinguishable. See Commissioner v. Karagheusian's Estate, 233 F.2d 197 (2d Cir. 1956), revg. on this issue 23 T.C. 806 (1955); Schwager v. Commissioner, 64 T.C. 781 (1975). Similarly distinguishable are th......
  • Hunter v. U.S.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • June 25, 1980
    ...a single individual requires the consent of others before he is given the incidents of ownership. See, Commissioner of Int. Rev. v. Karagheusian's Estate, 233 F.2d 197 (2nd Cir. 1956). Hunter v. United States, supra, 474 F.Supp. at 768-69. It is our view that this distinction made by the di......
  • Landorf v. United States
    • United States
    • U.S. Claims Court
    • March 14, 1969
    ...and Helvering v. City Bank Farmers Trust Co., 296 U.S. 85, 56 S.Ct. 70, 80 L.Ed. 62 (1935); Commissioner of Internal Revenue v. Estate of Karagheusian, 233 F.2d 197 (2d Cir. 1956); Estate of Goldstein v. United States, 122 F.Supp. 677, 129 Ct.Cl. 264 (1954), cert. denied, 348 U.S. 942, 75 S......
  • Nat'l Bank Detroit v. Comm'r of Internal Revenue (In re Estate of Fruehauf)
    • United States
    • U.S. Tax Court
    • September 24, 1968
    ...and holding power in a nonfiduciary capacity over the trust that holds the policies. In Estate of Miran Karagheusian, 23 T.C. 806, revd. 233 F.2d 197, decedent's wife took out a policy on his life which she then transferred to a trust and reserved the power to amend or revoke the trust with......
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1 books & journal articles
  • Subtle Screwups: Twenty-six Ways to Sabotage an Irrevocable Life Insurance Trust
    • United States
    • Colorado Bar Association Colorado Lawyer No. 27-1, January 1998
    • Invalid date
    ...C.B. 195; GCM 39333 (Jan. 29, 1985), GCM 39317 (DDec. 12, 1984), GCM 38751 (June 12, 1981). 6. Commissioner v. Karagheusian Estate, 233 F.2d 197 (2d Cir. 1956). Treas. Reg. §§ 20.2036-1, 20.2038-1(a), 20.2042-1(c)(4); Larsh Estate v. Commissioner, 8 T.C.M. 799 (1949). 7. PLR 9311021; PLR 92......

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