Legal Opinion
Mercantile Bank & Trust Co. v. United States
Court of Appeals for the Eighth Circuit
Decided April 12, 1971No. Nos. 20444, 20445PublishedCited by 16 opinions
1Opinion of the Court
VAN OOSTERHOUT, Circuit Judge.
In these two consolidated cases, each of the plaintiffs as trustee of a separate *365perpetual care fund dedicated to providing care for two respective mausoleums at the Troost Avenue Cemetery seeks recovery of 1967 income tax paid by it upon realized capital gain. No controversy with respect to tax on ordinary income is involved. The trial court rejected plaintiff taxpayers’ contention that the capital gain on the trusts was exempt from income taxation and dismissed the complaints. This timely appeal followed.
The necessary foundation for this action has been laid.…
2Cases cited14 opinions
- New Colonial Ice Co. v. HelveringSupreme Court of the United States · 1934
- Deputy, Administratrix v. Du PontSupreme Court of the United States · 1940
- Bingler v. JohnsonSupreme Court of the United States · 1969
- Malat v. RiddellSupreme Court of the United States · 1966
- Commissioner v. JacobsonSupreme Court of the United States · 1949
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Trustees of the Graceland Cemetery Improvement Fund v. United StatesUnited States Court of Claims · 1975
- Richard Newhouse v. McCormick & Co., Inc., United States of America, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1998
- Exel Corporation v. United StatesCourt of Appeals for the Eighth Circuit · 1971
- Laurel Hill Cemetery Ass'n v. United StatesDistrict Court, E.D. Missouri · 1977
- John D. Rockefeller Family Cemetery Corp. v. CommissionerUnited States Tax Court · 1974
11 more not listed; retrieve them via the Exa API.