Legal Opinion

Mt. Vernon Gardens, Inc. v. Commissioner

United States Tax Court

Decided June 28, 1960No. Docket No. 67301PublishedCited by 7 opinions

Held, respondent correctly included in petitioner cemetery corporation's gross income portions of the proceeds from the sale of burial spaces turned over by petitioner to the trustee of a development trust fund.

1Opinion of the Court

MulRONey, Judge:

The respondent determined deficiencies in petitioner’s income tax for its fiscal year ended October 28, 1954, in the amount of $31,350.50, and for its fiscal year ended October 27, 1955, in the amount of $44,871.42. The sole issue for decision is whether respondent was correct in including in petitioner’s gross income that portion of the proceeds from the sale of burial spaces turned over by petitioner to a trustee of a development trust fund.

FINDINGS OF FACT.

Some of the facts have been stipulated and are found accordingly.

Petitioner, Mount Vernon Gardens, Inc. (sometimes…

2Cases cited4 opinions

  1. National Memorial Park v. Commissioner of Int. Rev.Court of Appeals for the Fourth Circuit · 1944
  2. Memphis Memorial Park v. CommissionerUnited States Board of Tax Appeals · 1933
  3. Gracelawn Memorial Park, Inc. v. United StatesCourt of Appeals for the Third Circuit · 1958
  4. Bavis v. CommissionerUnited States Tax Court · 1952

3Cited by7 opinions

  1. Mount Vernon Gardens, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1962
  2. Haynsworth v. CommissionerUnited States Tax Court · 1977
  3. Evergreen-Washelli Memorial Park Co. v. CommissionerUnited States Tax Court · 1968
  4. Evergreen-Washelli Memorial Park Co. v. CommissionerUnited States Tax Court · 1968
  5. Haynsworth v. CommissionerUnited States Tax Court · 1977

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