- 7 - 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 werePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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