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United States Vs. Bess
Cites for this judgment
- US Supreme Court
- Jun 09, 1958
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U.S. 51 (1958) U.S. Supreme Court United States v. BessSearch
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U.S. 51 (1958) United States v. BessSearch
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against all creditors except to the extent of the amount of any premiums paid in fraud of creditors. Commissioner v. SternSearch
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the Government's petition and Mrs. Bess' cross-petition, 355 U.S. 861, and set the case for argument with Commissioner v. SternSearch
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reversal of the Court of Appeals judgment in the amount of the cash surrender value. I As in Commissioner v. SternSearch
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Page 357 U. S. 54 Slurszberg v. PrudentialSearch
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Middlesex County Welfare Board v. MotolinskySearch
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N.J.Eq. 323, 35 A.2d 463. If, in the instant case, no lien were involved, our holding in Commissioner v. SternSearch
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rights, but merely attaches consequences, federally defined, to rights created under state law, Fidelity & Deposit Co. v. NewSearch
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to designate his estate to receive the proceeds, gives him no right to receive the proceeds while he lives. Cf. Rowen v. CommissionerSearch
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to which the federal tax lien might attach. Cannon v. NicholasSearch
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United States v. BurgoSearch
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F.2d 196. This conclusion is in harmony with the decision in Everett v. JudsonSearch
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to pay him this sum upon surrender of the policy. This right may be borrowed against, assigned, or pledged. Slurszberg v. PrudentialSearch
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in the cash surrender value. United States v. HoperSearch
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Knox v. GreatSearch
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United States v. RoyceSearch
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Smith v. DonnellySearch
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United States v. AetnaSearch
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by the cash surrender value is not subject to creditors' liens, whether asserted by a private creditor, Slurszberg v. PrudentialSearch
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Ins. Co., supra, or by a state agency, Middlesex County Welfare Board v. MotolinskySearch
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Commissioner v. TowerSearch
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United States v. HeffronSearch
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Shambaugh v. ScofieldSearch
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Michigan v. UnitedSearch
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This view was approved in Hiscock v. MertensSearch
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U. S. 202 , 205 U. S. 211 , and Burlingham v. CrouseSearch
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U. S. 459 , 228 U. S. 469 . See also United States v. BehrensSearch
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plus another amount sufficient to perform the insurer's promise to pay the proceeds on the insured's death. Rowen v. CommissionerSearch
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the judgment of the Court of Appeals on the basis of the dissenting opinion of MR. JUSTICE BLACK in Commissioner v. SternSearch
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Together with No. 410, Bess v. UnitedSearch
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Internal Revenue Code of 1939, but by the alternative method of a proceeding in equity in the District Court, Leighton v. UnitedSearch
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in this case. As we held in Commissioner v. SternSearch
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parties, can enforce the lien in the insured's lifetime, and thereby recover the cash surrender value. Knox v. GreatSearch
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Kyle v. McGuirkSearch
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F.Supp. 415. See also Cannon v. NicholasSearch
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Shoe Co., 137 F.Supp. 786. Compare United States v. MetropolitanSearch
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In my view, the correct analysis of the surrender value issue has been given in a Second Circuit case, United States v. BehrensSearch
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Judge Learned Hand, although he felt constrained to apply the principles of an earlier Second Circuit case, Rowen v. CommissionerSearch
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Appeals for the Second Circuit, I subscribed to a holding that one in the position of the petitioner in Commissioner v. SternSearch
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U.S. Supreme Court United States v. BessSearch
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Commissioner v. SternSearch
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Slurszberg v. PrudentialSearch
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Fidelity & Deposit Co. v. NewSearch
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Cf. Rowen v. CommissionerSearch
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