AMERICAN CEMETERY CO. v. UNITED STATES

No. 1006.

28 F.2d 918 (1928)

AMERICAN CEMETERY CO. v. UNITED STATES.

District Court, D. Kansas, Second Division.

July 18, 1928.


Attorney(s) appearing for the Case

Buckland, Black, & Todd, of Wichita, Kan., for plaintiff.

Al. F. Williams, U. S. Atty., and Alton H. Skinner, Asst. U. S. Atty., both of Topeka, Kan.


McDERMOTT, District Judge.

The sole question presented by this case is as to whether or not payments to a certain trust fund shall be taxed as income of the plaintiff. The facts are agreed upon.

Under date of October 16, 1918, the predecessor of the plaintiff applied to the city of Wichita, Kan., for a permit to develop and operate a cemetery. That permission was granted in consideration of a written agreement, which is binding upon the plaintiff, in which...

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