Estate of William Blake Burris - Page 7




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          II.  Contentions of the Parties                                             
               The parties in this case disagree as to the portion of the             
          proceeds from the three policies of insurance on decedent’s life            
          which must be included in his gross estate.  The estate contends            
          that only 50 percent is includable, while respondent maintains              
          that inclusion of 100 percent is necessary.  The two sides reach            
          their differing conclusions primarily as a result of their                  
          opposing views as to whether, under Louisiana law, decedent                 
          possessed incidents of ownership in all or only part of the                 
          policies in question.                                                       
               The estate avers that because the policies were acquired               
          during the marriage with community funds, they are presumed to be           
          community property.  Further, the estate asserts that there                 
          exists no evidence of intent on the part of Mrs. Burris that the            
          policies be held as decedent’s separate property, as would be               
          necessary to overcome the marital presumption.  Accordingly, it             
          is the estate’s position that each spouse possessed an undivided            
          one-half interest in the policies and that decedent, as                     
          registered owner, merely acted as managing agent for the                    
          community.                                                                  
               In the alternative, the estate argues that if the policies             
          are found to be the separate property of decedent, then a                   
          reimbursement claim would exist in favor of Mrs. Burris’s                   
          successors in interest on the grounds that community funds were             






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