Legal Opinion

New York & N. J. Mausoleum Co. v. Commissioner

United States Board of Tax Appeals

Decided May 19, 1932No. Docket No. 36687Published

A state statute required the establishment of a trust fund equal to 10 per cent of the cost of a mausoleum as a condition precedent to the use thereof. The petitioner did not establish such a fund, but later borrowed a sum of money which it placed on deposit as a special interest fund. In the taxable year it repaid part of the loan. Hold that petitioner did not create a trust which would reduce income either by exclusion or deduction.

1Opinion of the Court

NEW YORK AND NEW JERSEY MAUSOLEUM COMPANY, PETITIONER, v. COMMISSIONER OF INTERNAL REVENUE, RESPONDENT.

New York & N. J. Mausoleum Co. v. Commissioner

Docket No. 36687.

United States Board of Tax Appeals

26 B.T.A. 128; 1932 BTA LEXIS 1363;

May 19, 1932, Promulgated

A state statute required the establishment of a trust fund equal to 10 per cent of the cost of a mausoleum as a condition precedent to the use thereof. The petitioner did not establish such a fund, but later borrowed a sum of money which it placed on deposit as a special interest fund. In the taxable year it repaid part of the loan. Hold…

2Cases cited1 opinion

  1. New York & N. J. Mausoleum Co. v. CommissionerUnited States Board of Tax Appeals · 1932

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