- 12 - purposes the gross estate includes the value of all property receivable by the executor as insurance under policies on the life of the decedent (not on the policies themselves). In the present case, when decedent, as the owner and insured of certain life insurance policies that were community property, designated his estate as the beneficiary thereof, and also made other transfers of property to his wife in a manner that was fair to her and compensated her for the loss of insurance rights, decedent was successful under Texas law in withdrawing said insurance proceeds from the regime of community property and in eliminating his wife's interest therein when he died. That being so, the entire proceeds of the insurance are includable in decedent's gross estate under section 2042(1). In this connection, it is of no help to petitioner to cite or rely on section 20.2042-1(b)(2), Estate Tax Regs.1 This regulation presupposes that under controlling local law, one-half of the proceeds of community property life insurance belongs to the spouse and not to decedent, so that only one-half of such proceeds is includable in the taxable estate. But as we have already seen, supra, decedent's wife here was divested of her 1 The cited regulation provides: "If the proceeds of an insurance policy made payable to the decedent's estate are community assets under the local community property law and, as a result one-half of the proceeds belongs to the decedent's spouse, then only one-half of the proceeds is considered to be receivable by or for the benefit of decedent's estate".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011