Legal Opinion

Hawaiian Cemetery Asso. v. Commissioner

United States Tax Court

Decided September 22, 1960No. Docket Nos. 77220, 77221Published

Income -- Endowment Care Fund Payments. -- Where taxpayer was not required by contract or by law to set up a trust and in fact did not set up or contribute to a trust, or in any manner segregate endowment care fund payments into separate asset funds or accounts for perpetual care purposes, but commingled such funds with its other assets and used them in general operation of its business, held such funds are not excludible from taxable income.

1Opinion of the Court

Hawaiian Cemetery Association, Limited, d.b.a. Sunset Memorial Park, Petitioner, v. Commissioner of Internal Revenue, Respondent. Hawaii Properties, Limited, d.b.a. Kaneohe Bayview Memorial Park Cemetery, Petitioner, v. Commissioner of Internal Revenue, Respondent

Hawaiian Cemetery Asso. v. Commissioner

Docket Nos. 77220, 77221

United States Tax Court

34 T.C. 1093; 1960 U.S. Tax Ct. LEXIS 71;

September 22, 1960, Filed

Decisions will be entered for the respondent.

Income -- Endowment Care Fund Payments. -- Where taxpayer was not required by contract or by law to set up a trust and in fact did not set…

2Cases cited1 opinion

  1. Hawaiian Cemetery Asso. v. CommissionerUnited States Tax Court · 1960

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