Rameau A. and Phyllis A. Johnson - Page 41

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            extent of the portion of the contract price deposited in escrow,                          
            because this amount constituted a trust fund for the benefit of                           
            the purchaser.  Petitioners argue that the Dealership acted as a                          
            mere conduit in collecting these funds and transferring them to                           
            the Escrow Trustees, that the purchasers owned the funds held in                          
            the PLRF, and that the Dealership first acquired property rights                          
            in the reserve funds when the funds were disbursed to it by the                           
            Trustees.  Petitioners find support for this theory chiefly in                            
            Angelus Funeral Home v. Commissioner, 47 T.C. 391 (1967), affd.                           
            on other grounds 407 F.2d 210 (9th Cir. 1969), and Miele v.                               
            Commissioner, 72 T.C. 284 (1979).  Petitioners contend that "It                           
            would be impossible to find for Respondent on this issue without                          
            expressly overruling this Court's previous opinion in Angelus                             
            Funeral Home," and "The situation presented in Miele is virtually                         
            indistinguishable from that presented here."                                              
                  In Angelus Funeral Home the taxpayer was an accrual basis                           
            funeral home that collected payments from its customers under                             
            "pre-need funeral plan agreements” obligating it to perform, or                           
            have performed, certain funeral services for the customer upon                            
            his death.  The agreements provided that the customer's payment                           
            be segregated in a special account, be held "in irrevocable trust                         
            for the uses and purposes herein set forth", and be fully                                 
            expended for such purposes.  The funeral home reported the                                
            amounts so collected as income for the year in which the funeral                          





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