meyer v united states

Thus one example of a marital deduction that is given is an annuity payable Gabriell Jeffreys Caution As of: September 15, 2019 3:41 PM Z Meyer v. Uber Techs., Inc. United States Court of Appeals for the Second Circuit March 24, … policies to pay instalments to his wife for life if she lived more than 20 years, the former would be nondeductible, but the latter would qualify for the marital deduction. 370, 295 N. Y. Supp. Determining the priority of 3670 liens by reference to state law may permit the United States to assert its lien in one State but forbid it in another in precisely the same circumstances. 268 Firefox, or [ The statute indeed draws a marked distinction between "property" and "interest." [375 606, and the Court of Appeals affirmed, 309 F.2d 131. Richard Katcher filed a brief for Lillian Wintner, as amicus curiae, urging reversal. U.S. 228   2 Stay up-to-date with FindLaw's newsletter for legal professionals. Dunn, 442 U.S. at 106. MEYER v. UNITED STATES(1963) No. 4 Â. MR. JUSTICE CLARK delivered the opinion of the Court. All rights reserved. Plainly there may be more than one "interest" in a single "property." It, not the insurer's bookkeeping entries, created and constitutes the property involved. An 1876 law provided that postmasters of the first, second, and third classes shall be appointed and may be removed by the President with the advice and consent of the Senate. We disagree with both courts and reverse the judgment. The Senate Report states that terminable interests include all interests that are subject to contingencies and conditions. United States, 363 U.S. 509, 80 S.Ct. v. UNITED STATES OF AMERICA. After the death of the insured, the insurance company paid the full amount of the loan to the bank and the remaining proceeds of the policies to petitioner. ] Where the tax lien is inferior to local lien A but superior to local lien B, the tax lien is to be paid even though lien A, superior to the federal lien, is cut out because under local law it is inferior to lien B. Therefore the policy and its proceeds - considered apart from petitioners' claim that the insurer's bookkeeping division of the proceeds of the policy into two parts created two "properties" - are disqualified for the marital deduction by the express provisions of 812 (e) (1) (B) of the Internal Revenue Code of 1939. They then computed the amount necessary to provide a monthly income to the wife in the event she lived beyond the 20-year period: $7,231.09 for one policy; $1,007.36 for the other. Parties, docket activity and news coverage of federal case Meyer et al v. United States Tennis Association, case number 1:11-cv-06268, from New York Southern Court. ] S. Rep. No. The bank was given the right, in the event of death, to satisfy its claim out of the "net proceeds of the policy when it becomes a claim by death." He submitted an offer of compromise in 1955 which was rejected by the Government in May of that year. U.S. 81 847-848, 296 N. Y. Supp. The basic principle in Bess was further amplified by Aquilino v. United States, 19678. This is apparent from the face of the statute itself, This Court has held and the parties do not dispute that: absent a lien, recovery of unpaid federal income taxes from a beneficiary of insurance can be had only to the extent that applicable state law permits such recovery by other creditors of the insured, Commissioner v. Stern, No. Written and curated by real attorneys at Quimbee. 629. See In re Bailey, 176 F. 990, where a state legislative homestead exemption was held to be a superior equity in the hands of a bankrupt, preventing the marshaling of assets to his disadvantage; Robert Moody & Son v. Century Savings Bank, U.S. 410, 414] Copyright © 2021, Thomson Reuters. ." The decedent had selected an optional mode of settlement which provided for the payment of equal monthly installments to his wife for her life, with 240 installments guaranteed, and further provided that if the wife should die before receiving the 240 installments his daughter would receive the remainder of them, but if both the wife and the daughter died before receiving the 240 installments the commuted value of those unpaid was to be paid in one sum to the estate of the last one of them to die. 84). All rights reserved. ] United States v. Durham Lumber Co., He had retained the usual powers under such policies, namely, to change the beneficiaries, demand the cash surrender value and assign the   Decided June 6, 1988. because the wife's interest in it would be a "terminable" one, within the meaning of the statute, inasmuch as the wife may die before receipt of the 240 guaranteed installments, in which event the unpaid ones must go to the daughter if then living. Problems of interpretation under that legislation are federal problems, and should be governed as nearly as may be, by principles of uniform application throughout the various States. Div. U.S. 410, 417] ." In 1946, Congress passed the FTCA, which waived the sovereign immunity of the United States for certain torts committed by federal employees. . He related that he had previously performed numerous extractions of third molars in military service and on a weekly basis at the Family Dental Clinic. The insurance companies calculated the sums necessary to provide the designated monthly payments for 20 years: $17,956.41 in the case of one policy and $4,012.24 in the case of the other. Here the husband exercised that right to the extent necessary to satisfy his loan. The insured in this case, the owner of the policy, could change the beneficiary and destroy the latter's interest entirely. 424 F.2d 1181. United States Court of Appeals, Eighth Circuit. Joseph Kovner argued the cause for the United States. Meyer v. United States, 247 F. Supp. 6 Moreover, further question about New York policy is raised by In re Kelley's Estate, supra, a case which is difficult to reconcile with Bruns. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. [364 . 1. No.   BRIEF FOR THE UNITED STATES IN OPPOSITION. Does then the continuation of the two types of insurance in one policy change the result? * Petitioner's husband owned four life insurance policies which named petitioner, his wife, as beneficiary. Whatever force local law is to have, however, I find it difficult to accept the Court's exposition of New York policy.   and hence the property is disqualified for the marital deduction by the express provisions of 812 (e) (1) (B) of the Internal Revenue Code of 1939. [375 The amounts required to provide monthly payments for 20 years - $17,956.41 and $4,012.24 - were not claimed as   The Government urges that it be applied to effect the collection of its junior income tax lien on the cash surrender value of certain life insurance policies. In the absence of a definitive statutory rule to the contrary we therefore adopt the state rule and refuse to extend the equitable doctrine of marshaling assets to this situation. from suit. ; Savings Bank v. Creswell, The narrow question remaining is whether in such a situation the doctrine of marshaling of assets is compelled. In the majority opinion, written by Chief Justice William H. Taft, the court held that the provision was an unconstitutional restriction on the president’s power to exercise control … Syllabus. To apply marshaling in this case would overturn New York's beneficent policy and, in addition, would enlarge the federal tax lien that the Congress has provided in 3670. The assets not taxable in the estate of the first spouse to die may be taxed at the death of the survivor. 2, p. 8. The proceeds of two life insurance policies were made payable in monthly payments to the insured's wife for her lifetime, but, if she should die before the expiration of 20 years, his daughter was to receive the payments until the 20 years had elapsed. it would not qualify for the marital deduction U.S. 410, 419] . because Mr. Meyer felt that he had a “green light” from PRC that he would be its broker. Myers v. United States, (1926), U.S. Supreme Court case that voided a legislative provision restricting the authority of the president to remove or replace certain postmasters without consent of the Senate. It is founded instead in equity, being designed to promote fair dealing and justice. 1013, Part 2, 80th Cong., 2d Sess., p. 4. to the decedent during his life and to his spouse during her life if she survived him. The Court of Appeals affirmed on the same basis. MR. JUSTICE DOUGLAS, with whom MR. JUSTICE CLARK and MR. JUSTICE BRENNAN concur, dissenting. Neither is there anything in Bruns v. First Trust & Deposit Co., 250 App. Sowell v. Federal Reserve Bank,   Their face amount was $50,000 and their cash surrender value at his death was $27,285.87. U.S. 410, 419] 483 F.3d 865. Synopsis of Rule of Law. [375   U.S. 410, 416] Illustrating applications of the terminable interest rule, the Senate Committee Report gave an example that is in no relevant way distinguishable from this case, The opinion of the court of appeals (Pet. U.S. 233, 236] The decedent during his lifetime purchased an annuity contract under which the annuity was payable during his life and then to his spouse during her life if she survived him. Citation 272 US 52 (1926) Argued. United States, 171 F.2d 800, 1948 U.S. App. 923-924. Their rights derive solely from the policy. At that time the cash surrender value of the policies had grown to $27,285.87 and the amount due on the bank loans totaled $26,844.66. 363 For the foregoing reasons, I respectfully dissent. 1   A previous … New York, therefore, cannot be said to have a policy of insulating the proceeds of insurance policies from the claims of creditors who have acquired a security interest in the proceeds during the lifetime of the insured. (1960), when faced with a comparable problem involving collection of federal taxes, found, We cannot overlook this long-established policy. 923. 100 410-416. My conclusion is that where the "interest" that accrues to the surviving spouse is, as here, shared with no one else and is subject to no termination except her own death, it qualifies for a marital deduction under this statute, even though another "interest" of hers in the same annuity contract would not qualify. 599, 601, 85 L.Ed. [364 [ 412, which validates the Court's definition of New York policy. Opinion for Meyer v. United States, 375 U.S. 233, 84 S. Ct. 318, 11 L. Ed. UNITED STATES of America, Appellee, v. Nation Edward MEYER, a/k/a "Stryker", Appellant. , because of a conflict of decisions in the circuits. 28 U. S. C. 2 Meyer filed a cross-appeal challenging the jury's finding that Pattullo 166 F. Supp. U.S. 39, 46 . April 20, 1970. U.S. 934 317 (D. Colo. 1979) case opinion from the U.S. District Court for the District of Colorado The Senate Committee gave several examples: ". The senior lien is secured by the entire proceeds of the policies and absorbs practically all of their cash surrender value. Neither of them had any title to, nor right to receive, any special fund, and indeed none was actually created. the relief asked. Argued April 25, 1988. ERIC R. MEYER, PETITIONER. 361 ; United States . In these circumstances I see no reason for assuming that it was and no basis for forbidding collection of the tax lien from the amounts paid the beneficiary. 100. 1042; 1923 U.S. LEXIS 2655; 29 A.L.R. True, paying the tax lien from the cash surrender value results in the bank's being paid from the remainder. v. City of New Britain, Pitching the result upon state law, even as a guide to the governing federal law, should lead to a remand rather than to decision here. Please try again. 61.   U.S. 233, 244] It is not disputed that the Commissioner assessed deficiencies covering income taxes due by Mr. Meyer for the years 1945 and 1946, with a balance of $6,159.09 plus interest due at his death, and that notice of lien was filed in 1955. LEXIS 3202, 84 U.S. App. The Courts of Appeals of two Circuits have applied the doctrine, despite state law, to the collection of federal tax remainder to the daughter, and another property sufficient to provide an annuity to the wife for the period of her actuarial expectancy beyond the 240 months - and no such separate properties were in fact created.   -301 (1903), where a waiver of state exemption statutes was held to have no effect in bankruptcy since the title to the exempted property remained in the bankrupt and never reached the trustee's hands. [375 110, 117, provides in relevant part: [ But Meyer has forfeited any argument that the district court should have dismissed without compelling arbitration, Orr v. Plumb, 884 F.3d 923 , 932 (9th Cir. 6 Finally, the federal revenue deserves more protection than it receives today. If the wife lived beyond the 20 years, she would be entitled to like monthly payments for her life. Robert E. MEYER, Appellant, v. UNITED STATES of America, Appellee. Hence, under the terms of the policy, the "interest passing to the surviving spouse [may] terminate or fail" and a "person other than [the] surviving spouse . We granted certiorari because of the importance of the question in the administration of the income tax laws. Mr. Meyer would not have taken PRC employees on tours without an understanding that Meyer Group would be engaged as a broker, because he expected a commission if PRC ended up signing a lease. U.S. 233, 248] United States Court of Appeals, Eighth Circuit. With him on the brief were Solicitor General Cox, Assistant Attorney General Oberdorfer and Louis F. Claiborne. U.S. 233, 240]   [ denied, 507 U.S. 946 (1993). The decision of Meyer v. Nebraska stated that the previous law violated the Due Process clause of the Fourteenth Amendment to the United States Constitution. He pledged them to a bank as collateral security for a loan. 2d 293, 1963 U.S. LEXIS 2451 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. Footnote 7 marital deductions. 1277, 4 L.Ed.2d 1365 (1960), and United States v. Durham Lumber Co., 363 U.S. 522 , 80 S.Ct. Andrew L. Carter, Jr., United States District Judge. and in this very case no question has been raised about the rights of the bank, surely a creditor, to collect every dollar owed to it from the proceeds of the policy.

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