Virginia M. Marten - Page 7




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          (1947); Ellis v. Commissioner, T.C. Memo. 1973-152.  However, in            
          cases where the policy is pure term life insurance, we have held            
          that the benefits conferred on the payee spouse through the                 
          premium payments were too unascertainable to be taxable to the              
          payee spouse.2  See Wright v. Commissioner, supra; Brodersen v.             
          Commissioner, supra.                                                        
               In Wright v. Commissioner, supra at 385, the husband was               
          required pursuant to the divorce decree to maintain a 10-year               
          renewable term life insurance policy on his own life naming his             
          wife the owner and beneficiary of the policy.  Under the decree,            
          the husband was to maintain the policy until his wife remarried,            
          reached age 65, or died.  See id. at 383-384.                               
               In that case, we held that in determining whether the wife             
          constructively received the premiums paid by her ex-husband “it             
          is necessary to examine what obligations are due her under the              
          policy, as well as whether she is the owner or assignee and                 
          irrevocable beneficiary of the policy.”  Id. at 397.  We held               
          that the wife under the term life insurance policy had such                 
          limited rights that she could not be said to have constructively            
          received an economic benefit from the premium payments.  See id.            
          at 398.  This Court focused on the contingent nature of the                 



               2  We note that under post-DEFRA section 71 premium payments           
          on both whole and term life insurance policies are includable in            
          the payee spouse’s gross income.  See sec. 1.71-1T(b), A-6,                 
          Temporary Income Tax Regs., 49 Fed. Reg. 34455 (Aug. 31, 1984).             





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