- 41 - 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 funeralPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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