Legal Opinion

Angelus Funeral Home v. Commissioner

United States Tax Court

Decided January 17, 1967No. Docket No. 4217-64PublishedCited by 38 opinions

Petitioner funeral home collected funds from prospective customers under two forms of written contracts each denominated "Pre-Need Funeral Plan Agreement." The earlier (in point of time) form effectively created a trust but the later form contract did not, since under its terms petitioner could, at its option, use the amounts which were paid in for purposes beneficial to it.

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Petitioner funeral home collected funds from prospective customers under two forms of written contracts each denominated "Pre-Need Funeral Plan Agreement." The earlier (in point of time) form effectively created a trust but the later form contract did not, since under its terms petitioner could, at its option, use the amounts which were paid in for purposes beneficial to it. Held, only the amounts paid under the later form of contract are taxable income to petitioner when received. Held, further, that the computation of petitioner's taxable income for 1959 was made under a method of…

1Opinion of the Court

FoeresteR, Judge:

The respondent has determined deficiencies in the petitioner’s income tax as follows:

Year Deficiency

1959 -$13,907. 77

1960 - 11,427.51

1961_ 10, 852. 00

36,187.28

Several issues have been settled by the parties leaving' for our determination the following:(1) Whether this petitioner must include as income in the respective year of receipt, moneys paid to it -under two forms of written instruments, each denominated “Pre-Need Funeral Plan Agreement”; and(2) Whether respondent was correct in determining that amounts received under the earlier of such forms of agreement during the…

2Cases cited8 opinions

  1. Cohan v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1930
  2. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  3. American Automobile Assn. v. United StatesSupreme Court of the United States · 1961
  4. Schulde v. CommissionerSupreme Court of the United States · 1963
  5. Chicago, Milwaukee & St. Paul Railway Co. v. Des Moines Union Railway Co.Supreme Court of the United States · 1920

3 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Angelus Funeral Home v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1969
  2. Johnson v. CommissionerUnited States Tax Court · 1997
  3. Ford Dealers Advertising Fund, Inc. v. CommissionerUnited States Tax Court · 1971
  4. Florists' Transworld Delivery Ass'n v. CommissionerUnited States Tax Court · 1976
  5. Dri-Powr Distributors Asso. Trust v. CommissionerUnited States Tax Court · 1970

33 more not listed; retrieve them via the Exa API.

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