Mountain View Cemetery Ass'n v. Commissioner
United States Board of Tax Appeals
Held, that amounts received by taxpayer for established fund for the permanent maintenance and upkeep of cemetery lots were received in trust and are not taxable as income.
1Opinion of the Court
*895OPINION.
Hill:
The only question for determination is whether the $2,045 received by petitioner in 1933 in connection with the sales of burial rights in its “perpetual care plot” and added to its endowment fund for the permanent maintenance and care of graves should be included in petitioner’s gross income for 1933 for income tax purposes.
The petitioner contends that it should not be so included for the reason that it is part of a trust fund for the maintenance of the graves in that part of the cemetery embraced within the “perpetual care plot” and that its disposition or use for any other…
2Cited by5 opinions
- Meadowlawn Memorial Gardens, Inc. v. United StatesUnited States Court of Claims · 1980
- Hawaiian Cemetery Asso. v. CommissionerUnited States Tax Court · 1960
- Memphis Memorial Park, Inc. v. CommissionerUnited States Tax Court · 1959
- Mountain View Cemetery Ass'n v. CommissionerUnited States Board of Tax Appeals · 1937
- National Mem. Park, Inc. v. CommissionerUnited States Tax Court · 1943