Estate of William Blake Burris - Page 16




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               Nevertheless, while not without initial appeal, the                    
          difficulty with the foregoing theory is that it neither                     
          adequately explains the Louisiana jurisprudence nor addresses the           
          interplay of its premise with the test of section 20.2042-                  
          1(c)(1), Estate Tax Regs.                                                   
               As regards State law, Louisiana courts have repeatedly                 
          stated that ownership of policies is governed by community                  
          property principles but ownership of proceeds is not.  The                  
          explicit distinction has always been between the type of asset              
          being considered (policy versus proceeds) and never between the             
          type of case in which the question arises.  In this connection,             
          Berry v. Metro. Life Ins. Co., supra at 523-524, issued in the              
          context of a dispute over death proceeds, is illustrative.  The             
          court in that case characterized the underlying policy as a                 
          community asset and the former wife as owner of a one-half                  
          interest therein.  Id.  At the same time, the court nonetheless             
          reaffirmed the rule that death benefits are outside of the                  
          community regime and belong exclusively to the named beneficiary.           
          Id.  The former wife was thus held to have no claim to the                  
          proceeds payable by beneficiary designation to the decedent’s               
          sister.  Id. at 522, 524.                                                   
               Hence, although it is clear under Louisiana law that                   
          ownership of life insurance proceeds is governed solely by                  
          contract terms, such apparently does not prevent a spouse from              






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