- 10 - meetings in July.4 From 1961 through 1965, the meetings were held in alternate years at the Emerson Baptist Church and the Emerson Christian Church. The meetings between 1961 and 1965 featured guest speakers from various other churches and members from the community at large, including a former teacher. From 1966 through 1976, the annual meetings were held at the community center. In addition, the minutes from the 1972 annual meeting stated that "It was reported there had been over 100 letters sent to people interested in the cemetery." The minutes from the 1974 annual meeting also state that the county was asked to gravel the road on the east side of the cemetery.5 These facts imply that although the cemetery may be religiously influenced, it is not solely a church burial ground for the Emerson Baptist Church. We have concluded that the Emerson Baptist Church does not own the cemetery. We now consider whether the association is devoted to an exclusively charitable purpose. Petitioner has failed to meet its burden of proving that the association is devoted to an exclusively charitable purpose. See Rule 142(a); Welch v. Helvering, supra at 115. Accordingly, the bequest to the association does not qualify for the estate tax charitable deduction under section 2055. See Mellon Bank, N.A. v. United 4The date for the 1975 annual meeting was changed to Aug. 2. 5Petitioner does not argue, and the record does not indicate, that the cemetery is owned by the county.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011