United States Board of Tax Appeals July 8, 1938, Docket No. 90310. (Hahn v. Commissioner)

lead-opinion

*4OPINION.

Murdock :

Section 302 (g) of the Revenue Act of 1926 includes in the gross estate “the excess over $40,000 of the amount receivable by all other beneficiaries [than the executor] as insurance under policies taken out by the decedent upon his own life.” That provision does not cover these policies, since they were not taken out by the decedent.