Legal Opinion

Mountain View Cemetery Ass'n v. Commissioner

United States Board of Tax Appeals

Decided April 20, 1937No. Docket No. 83757Published

Held, that amounts received by taxpayer for established fund for the permanent maintenance and upkeep of cemetery lots were received in trust and are not taxable as income.

1Opinion of the Court

MOUNTAIN VIEW CEMETERY ASSOCIATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Mountain View Cemetery Ass'n v. Commissioner

Docket No. 83757.

United States Board of Tax Appeals

35 B.T.A. 893; 1937 BTA LEXIS 819;

April 20, 1937, Promulgated

Held, that amounts received by taxpayer for established fund for the permanent maintenance and upkeep of cemetery lots were received in trust and are not taxable as income.

M. S. Galasso, Esq., for the petitioner.

W. E. Davis, Esq., for the respondent.

HILL

This proceeding is for the redetermination of a deficiency in income tax in the amount of…

2Cases cited1 opinion

  1. Mountain View Cemetery Ass'n v. CommissionerUnited States Board of Tax Appeals · 1937

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