- 16 - received for preneed contracts were not income or property of petitioner. In contrast, respondent contends that petitioner obtained dominion and control over the preneed funds at the time of receipt such that the amounts are properly included in income as advance payments under the all events test. Respondent further argues that each of the exceptions relied upon by petitioner is inapplicable on these facts. Specifically, it is respondent’s position that advance payments for services to be rendered by the taxpayer are not the equivalent of a refundable security deposit or loan and, hence, are not controlled by the standards set forth in Commissioner v. Indianapolis Power & Light Co., supra. Second, respondent emphasizes that petitioner’s control over the funds and the absence of any contractual or legal restrictions preclude treating the moneys as in trust.5 Finally, respondent alleges that petitioner cannot qualify for the limited Artnell Co. v. Commissioner, supra, exception to the all events test where there exists no certainty as to when or whether petitioner will perform under the contracts. In connection with the section 6662 penalty, respondent disputes petitioner’s assertions of substantial authority and 5 Accordingly, respondent considers Rev. Rul. 87-127, 1987-2 C.B. 156, dealing with the treatment of funeral trusts as grantor trusts of the purchaser, inapplicable here.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011