UNITED STATES DISTRICT COURT WESTERN DISTRICT OF PENNSYLVANIA
June 9, 1960
BEAVER TRUST COMPANY and Helen D. Stone, Executors of the Estate of Lauson, Stone, Deceased, Plaintiffs,
UNITED STATES of America, Defendant
The opinion of the court was delivered by: GOURLEY
This is a suit, administered by nonjury trial, for the recovery of certain estate taxes assessed and collected pursuant to the Internal Revenue Code of 1939.
Counsel for the parties have stipulated to all the facts. The following questions are presented:
1. Whether a certain death benefit paid to the estate of Lausen Stone pursuant to an annuity contract purchased for the decedent by his employer should have been included in determining the gross estate because it was either deferred compensation to the decedent or he had a vested contractual right to it.
2. Whether the estate of Lausen Stone must exclude from the marital deduction the proceeds of an annuity contract paid over in fee to the surviving spouse even though the provisions of the decedent's will entitled her to only a life interest in such amount.
3. Whether the estate of Lausen Stone is barred from recouping in this action amounts which it previously had paid as income tax upon the proceeds of an annuity contract, when either such income taxes were properly paid, or, assuming that they were improperly paid, the time for filing a claim for refund has expired.
4. Whether the failure to file a timely claim for refund of estate taxes for certain legal expenses incurred by the estate of Lausen Stone preclude this court from assuming jurisdiction to determine the validity of such refund claim.
For purposes of brevity the following abbreviations will be employed:
Lausen Stone -- Stone
Follansbee Steel Corporation -- Follansbee
The Great West Life
Assurance Company -- Assurance
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