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Mrs. Street filed an Application for Writ of Error to the
Supreme Court of Texas from the Court of Appeals, but that
application was denied by the Supreme Court, which also over-
ruled Mrs. Street's motion for rehearing of the application in
February 1995. On the case presented, the judgment of the Texas
court has become final.
In the notice of deficiency herein, respondent determined
that the exclusion of one-half the life insurance proceeds, as
reported by the estate, was improper, and that the full amount of
$1,347,882 was includable in decedent's gross estate under
section 2042.
In the case now before us, petitioner urges that 50 percent
of the life insurance proceeds was excludable from the gross
estate of decedent, that portion allegedly being the community
property of Mrs. Street, who was the survivor.
OPINION
In the State court actions mentioned above in our findings
of fact, Anne Street Skipper, decedent's executrix, prevailed
over the claims of Amma Elnora Street and secured a judgment that
decedent's estate was entitled to 100 percent of the life
insurance proceeds, as decedent had designated during his
lifetime. Despite that victory, Anne Street Skipper, executrix,
claims here that only one-half of the insurance proceeds should
be reported in decedent's gross estate for Federal estate tax
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