Woodlawn Park Cemetery Co. v. Commissioner
United States Tax Court
1. In 1944 and 1945, the petitioner received certain payments under contracts entered into during those years for the sale of burial space in a mausoleum unit it planned to construct. The petitioner was not obligated to construct the unit, or, once construction was begun, it was not required to complete it, but could return the payments received with interest and be free of liability. In certain contingencies the purchasers were not required to take the space contracted for.
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1. In 1944 and 1945, the petitioner received certain payments under contracts entered into during those years for the sale of burial space in a mausoleum unit it planned to construct. The petitioner was not obligated to construct the unit, or, once construction was begun, it was not required to complete it, but could return the payments received with interest and be free of liability. In certain contingencies the purchasers were not required to take the space contracted for. At the end of 1945, the foundation and concrete slab floor had been installed, a number of contracts for the…
1Opinion of the Court
OPINION.
Tuenee, Judge:
The respondent has determined that in 1945 the petitioner realized taxable income in the amounts of $1,563.87 and $32,521.32 from contracts for burial rights or space in the Fourth Unit of the petitioner’s mausoleum entered into in 1944 and 1945, respectively. The deficiency notice does not disclose how such amounts were determined but indicates that such information had been furnished to the petitioner in a prior communication. Neither party has made such communication or its contents a part of the record in this proceeding. However, from statements of counsel and…
2Cases cited8 opinions
- Helvering v. TaylorSupreme Court of the United States · 1935
- Lucas v. Ox Fibre Brush Co.Supreme Court of the United States · 1930
- United States Industrial Alcohol Co. v. HelveringCourt of Appeals for the Second Circuit · 1943
- Veenstra & De Haan Coal Co. v. CommissionerUnited States Tax Court · 1948
- In Re Pringle Engineering & Mfg. Co.Court of Appeals for the Seventh Circuit · 1947
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fifth and York Company v. United StatesDistrict Court, W.D. Kentucky · 1964
- Mitchell v. Texas Housing Co.Court of Appeals of Texas · 1954
- Woodlawn Park Cemetery Co. v. CommissionerUnited States Tax Court · 1951