Legal Opinion

Woodlawn Cemetery Asso. v. Commissioner

United States Board of Tax Appeals

Decided August 8, 1933No. Docket No. 65207Published

1. Amounts transferred to an irrevocable trust by a cemetery association in 1928 and 1929 for perpetual care of the lots are not deductible from gross income. 2. The portion of the sales price on lots sold during the taxable years which the association was obligated to set aside for perpetual care was not income to the association.

1Opinion of the Court

WOODLAWN CEMETERY ASSOCIATION, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

Woodlawn Cemetery Asso. v. Commissioner

Docket No. 65207.

United States Board of Tax Appeals

28 B.T.A. 882; 1933 BTA LEXIS 1060;

August 8, 1933, Promulgated

1. Amounts transferred to an irrevocable trust by a cemetery association in 1928 and 1929 for perpetual care of the lots are not deductible from gross income.

2. The portion of the sales price on lots sold during the taxable years which the association was obligated to set aside for perpetual care was not income to the association.

J. Robert Sherrod, Esq.,…

2Cases cited4 opinions

  1. Burnet v. Sanford & Brooks Co.Supreme Court of the United States · 1931
  2. Los Angeles Cemetery Asso. v. CommissionerUnited States Board of Tax Appeals · 1925
  3. New York & N. J. Mausoleum Co. v. CommissionerUnited States Board of Tax Appeals · 1932
  4. Woodlawn Cemetery Asso. v. CommissionerUnited States Board of Tax Appeals · 1933

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