Legal Opinion

Washington Trust Bank, as Trustee of the Endowment Care Fund of Greenwood Memorial Terrace Company v. United States

Court of Appeals for the Ninth Circuit

Decided August 13, 1971No. 25219PublishedCited by 2 opinions

1Per curiam

The district court, 301 F.Supp. 713, entered judgment granting a refund of capital-gain taxes paid by plaintiff, a trustee of an endowment fund established under Washington law to provide perpetual care for a profit-making cemetery.

The judgment is reversed, for the reasons stated in Evergreen Cemetery Association of Seattle v. United States of America, 444 F.2d 1232 (9th Cir. 1971).

The difference between a trustee (this case) and a nonprofit corporation (Evergreen Cemetery case) has no bearing upon tax exemption under Internal Revenue Code of 1954, § 501(c) (13).

2Cases cited2 opinions

  1. Washington Trust Bank v. United StatesDistrict Court, E.D. Washington · 1969
  2. Evergreen Cemetery Association of Seattle, a Corporation v. United StatesCourt of Appeals for the Ninth Circuit · 1971

3Cited by2 opinions

  1. Trustees of the Graceland Cemetery Improvement Fund v. United StatesUnited States Court of Claims · 1975
  2. Evergreen Cemetery Ass'n v. United StatesDistrict Court, W.D. Kentucky · 1974