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distinguishable facts or law. See, e.g., Metzger Trust v.
Commissioner, 76 T.C. 42, 72-74 (1981) (factual distinctions
render Golsen rule not squarely on point), affd. 693 F.2d 459
(5th Cir. 1982); Kueneman v. Commissioner, 68 T.C. 609, 612 n.4
(1977) (distinct legal questions not governed by the Golsen
rule), affd. 628 F.2d 1196 (9th Cir. 1980).
With respect to the matter before us, we conclude that
Catalano v. United States, supra, is not squarely on point within
the meaning of the Golsen rule. From a factual standpoint,
Catalano v. United States, supra, established a particular
circumstance in which life insurance policies in Louisiana are
deemed to be separate property. Namely, this is true where one
spouse is designated the owner or irrevocable beneficiary of a
policy on the life of the other spouse. See id. at 1061-1062.
In contrast, the factual scenario we address involves one spouse
being both the insured and the named owner. Accordingly,
respondent’s reliance on the Golsen rule to dictate a particular
outcome in this case is misplaced.
In addition, given that more than 30 years have passed since
the decision in Catalano v. United States, supra, was issued, we
believe that it is appropriate to consider not only the more
generalized pronouncements made therein regarding Louisiana law
but also any subsequent refinements that might be gleaned from
courts of the State whose law it is our duty to apply. In this
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