Alice Berger, et al. - Page 51

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          implicitly agreed that the income from crypt sales was taxable in           
          the year the mausoleum was completed, regardless of when the cash           
          had been collected.                                                         
               Generally, when property is exchanged for cash, the receipt            
          of cash clearly reflects the receipt of income from the sale of             
          the property.  However, when cash is received in exchange for a             
          promise to transfer property that is not yet constructed, the               
          amount or existence of income is less clear.  As to the crypt               
          sales in issue, a pure cash receipts and disbursements method of            
          accounting would recognize income from the sale of a crypt when             
          cash is received but would delay deduction of the cost of                   
          construction until the cash is spent, certainly not a clear                 
          reflection of income.  See Rotolo v. Commissioner, 88 T.C. 1500,            
          1514 (1987) ("'the cost of goods sold must be deducted from gross           
          receipts in order to arrive at gross income'" (quoting Sullenger            
          v. Commissioner, 11 T.C. 1076, 1077 (1948))); see also Veenstra &           
          DeHaan Coal Co. v. Commissioner, 11 T.C. 964 (1948).  Until a               
          mausoleum was completed, Woodbine's overall method of accounting            
          would not clearly reflect income from crypt sales.  Either the              
          costs of construction would have to be estimated and accrued, and           
          a portion expensed, or the recognition of gross receipts delayed            
          until receipts could be matched with the costs of construction.             
          Neither method would appear to reflect income more clearly than             
          the other.  Without a showing either that Woodbine's overall                
          method of accounting would clearly reflect income from mausoleum            





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