Estate of William Blake Burris - Page 8




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          used to purchase the assets.  In that event, the estate alleges             
          that such claim, in the amount of one-half of the cash surrender            
          value of the policies at the date of Mrs. Burris’s death, should            
          be allowed as a debt against decedent’s estate.                             
               Conversely, respondent alleges that the general rules of               
          Louisiana community property law are inapplicable to the policies           
          at issue in this case.  Rather, respondent contends that                    
          Louisiana jurisprudence, particularly as interpreted by the Court           
          of Appeals for the Fifth Circuit in Catalano v. United States,              
          429 F.2d 1058 (5th Cir. 1969), has established a separate body of           
          law governing life insurance policies.  Moreover, in respondent’s           
          view, this body of law stands for the principle that ownership of           
          life insurance policies in Louisiana is determined by the terms             
          of the contract of insurance itself.  Hence, since the contracts            
          here expressly placed all incidents of ownership in decedent,               
          respondent avers that the policies were decedent’s separate                 
          property and that the full value of the proceeds therefrom is               
          includable in his gross estate.                                             
               Additionally, in response to the estate’s alternative                  
          argument, respondent maintains that the heirs have no                       
          reimbursement claim against his estate because any such claim was           
          extinguished upon the death of the insured, because Mrs. Burris’s           










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