Kensico Cemetery v. Commissioner
United States Board of Tax Appeals
A cemetery association issuing land share certificates and paying to the holders one-half of the amounts realized from the sale of lots is, nevertheless, exempt from tax under sections 231(5) of the Revenue Act of 1926 and 103(5) of the Revenue Acts of 1928 and 1932, since it was owned and operated exclusively for the benefit of its members, the lot owners, was chartered solely for burial purposes as a cemetery corporation, was not permitted by its charter to engage in any…
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A cemetery association issuing land share certificates and paying to the holders one-half of the amounts realized from the sale of lots is, nevertheless, exempt from tax under sections 231(5) of the Revenue Act of 1926 and 103(5) of the Revenue Acts of 1928 and 1932, since it was owned and operated exclusively for the benefit of its members, the lot owners, was chartered solely for burial purposes as a cemetery corporation, was not permitted by its charter to engage in any business not necessarily incident to that purpose, and no part of its net earnings inured to the benefit of any private…
1Opinion of the Court
OPINION.
Murdock. :
The Commissioner determined deficiencies and xienalties as follows:
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*499The Commissioner claims increased deficiencies and penalties. There are issues raised in regard to the penalties and the amount of the petitioner’s income for each year. These need not be discussed in view of the decision on the issue as to whether or not the petitioner is exempt from tax under section 231 (5) of the Revenue Act of 1926 and similar provisions of later revenue acts. The facts have been stipulated, thus obviating the necessity of findings of fact.
The petitioner is a cemetery…
2Cases cited1 opinion
- American Exchange National Bank v. Woodlawn CemeteryNew York Court of Appeals · 1909
3Cited by13 opinions
- Knollwood Memorial Gardens v. CommissionerUnited States Tax Court · 1966
- John D. Rockefeller Family Cemetery Corp. v. CommissionerUnited States Tax Court · 1974
- Gardens of Faith, Inc. v. CommissionerUnited States Tax Court · 1964
- Rose Hills Memorial Park Ass'n v. United StatesUnited States Court of Claims · 1972
- Rose Hill Memorial Park, Inc. v. CommissionerUnited States Tax Court · 1964
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