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How many beneficiaries will be deprived of the benefits of the policy because it was includable in the estate of the insured?
Thus, the property which is subject to the power is includable in the power holder's estate for estate tax purposes.
The Tax Court, relying on the "cash equivalency" doctrine, held that the fair market value of the contract was not includable in the amount realized from the sale.
Is a gift of future income on an estate includable as income (because the bequest is made of the income of the estate and not the estate itself)?
Under U.S. tax law, lawful as well as unlawful gains are includable in gross income and that it is inconsequential that an embezzler may lack title to the sums he appropriates.
The Court presumed that if the lodging furnished to plaintiff was compensation to him, the fair rental value of the lodging would be includable in his gross income unless excludable under another provision of the Code.
In an interview yesterday, John D. Heine, a commission spokesman, quoted a passage of an agency opinion to explain the change in policy: "The line between includable and excludable employment-related proposals based on social policy considerations has become increasingly difficult to draw."
(This case did not change the general rule that gifts are not includable in gross income for the purposes of U.S. Federal income taxation, while some gifts but not all gifts from an employer to an employee are taxable to the employee.)
This view was rejected by the United States Court of Appeals for the Ninth Circuit, which reasoned that because the state law granted attorneys a superior lien in the contingent-fee portion of any recovery, that part of Banaitis' settlement was not includable as gross income.