- 12 - Cir. 1981); see also Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203, 207 & n.3 (1990). In contrast, amounts properly characterized as loans, deposits, or trust funds are not includable upon receipt. Commissioner v. Indianapolis Power & Light Co., supra at 207-208; Johnson v. Commissioner, supra at 467-475; Oak Indus., Inc. v. Commissioner, 96 T.C. 559, 563-564 (1991); Angelus Funeral Home v. Commissioner, 47 T.C. 391, 397 (1967), affd. 407 F.2d 210 (9th Cir. 1969). The rationale underlying this distinction is that money received in the capacity solely of a borrower, depository, agent, or fiduciary, because it is accompanied by an obligation to repay or restriction as to disposition, is not income at all. See Commissioner v. Indianapolis Power & Light Co., supra at 208 n.3; Johnson v. Commissioner, supra at 474-475. Hence, no question of the timing of income accrual is presented. See Commissioner v. Indianapolis Power & Light Co., supra at 208 n.3; Johnson v. Commissioner, supra at 474-475. B. State Funeral Services Regulation Preneed contracts and arrangements in the Commonwealth of Massachusetts are governed by the regulations of the Board of Registration in Embalming and Funeral Directing. Mass. Regs. Code tit. 239, secs. 4.01-4.10 (2003); see also Mass. Gen. Laws Ann. ch. 112, sec. 85 (West 2003) (authorizing the board to adopt, promulgate, and enforce regulations). For purposes ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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