ANGELUS FUNERAL HOME v. C. I. R.

No. 22118-A.

407 F.2d 210 (1969)

ANGELUS FUNERAL HOME, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 27, 1969.


Attorney(s) appearing for the Case

Leo Branton, Jr. (argued), William B. Murrish, Los Angeles, Cal., for appellant.

Gilbert E. Andrews, Jr., (argued), Mitchell Rogovin, Asst. Atty. Gen., Lee A. Jackson, Harry Baum, Bennet N. Hollander, Attorneys, Dept. of Justice, Washington, D. C., for appellee.

Before DUNIWAY and ELY, Circuit Judges, and TAYLOR, District Judge.


DUNIWAY, Circuit Judge:

Taxpayer-Petitioner Angelus Funeral Home seeks review of a decision of the Tax Court, 47 T.C. 391 (1967), upholding the Commissioner's determination of certain income tax deficiencies against it for the year 1961. The sole question raised is whether Angelus must treat as income in the year of receipt payments made to it pursuant to a "pre-need funeral plan arrangement." The Tax Court held that it must. We affirm...

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