Legal Opinion

Knollwood Memorial Gardens v. Commissioner

United States Tax Court

Decided September 28, 1966No. Docket No. 2017-63Published

1. Held: On the facts, payments made by petitioner to its "landshare holders" and deducted by it during the taxable years as the cost of land sold do not represent deductible land costs but rather nondeductible distributions made with respect to equity investment which such landshare holders had in petitioner. Sherwood Memorial Gardens, Inc., 42 T.C. 211 (1964), affd. 350 F. 2d 225 (C.A. 7, 1965), followed.

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1. Held: On the facts, payments made by petitioner to its "landshare holders" and deducted by it during the taxable years as the cost of land sold do not represent deductible land costs but rather nondeductible distributions made with respect to equity investment which such landshare holders had in petitioner. Sherwood Memorial Gardens, Inc., 42 T.C. 211 (1964), affd. 350 F. 2d 225 (C.A. 7, 1965), followed. Petitioner was not a tax-exempt cemetery company within the intendment of section 501(c)(13), I.R.C. 1954. 2. Held: Deficiencies and additions to tax for petitioner's fiscal year 1958…

1Opinion of the Court

Knollwood Memorial Gardens, Petitioner, v. Commissioner of Internal Revenue, Respondent

Knollwood Memorial Gardens v. Commissioner

Docket No. 2017-63

United States Tax Court

46 T.C. 764; 1966 U.S. Tax Ct. LEXIS 42;

September 28, 1966, Filed

Decision will be entered under Rule 50.

1. Held: On the facts, payments made by petitioner to its "landshare holders" and deducted by it during the taxable years as the cost of land sold do not represent deductible land costs but rather nondeductible distributions made with respect to equity investment which such landshare holders had in petitioner. Sherwood…

Also in this document: Concurrence.

2Cases cited27 opinions

  1. Automobile Club of Mich. v. CommissionerSupreme Court of the United States · 1957
  2. Benjamin D. And Madeline Prentice Gilbert v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1957
  3. Gooding Amusement Co. v. CommissionerUnited States Tax Court · 1954
  4. Commissioner v. ConnellySupreme Court of the United States · 1949
  5. Carl E. Weller and Emily I. Weller v. Commissioner of Internal Revenue, W. Stuart Emmons v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959

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