Preneed Funeral Home Case Study

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Facts
Morbid Funeral Home, Inc. is an accrual basis taxpayer who sells preneed funeral contracts. Customers pay Morbid in advance for goods and services to be provided at the contract beneficiary’s death. Under state law the payments are refundable if the contract purchaser requests them any time until the goods and services are furnished. Morbid, for both financial and tax accounting purposes, includes the payments in income for the year the funeral service is provided. Morbid insists that the amounts it receives under the contracts are customer deposits. The IRS agent insists that the payments are prepaid income that is subject to tax in the year of receipt.

Issue(s)
1. Can Morbid continue to account for the preneed funeral contracts as deposits, and recognize income in the year service is provided?
2. If Morbid cannot account for contracts as deposits, must they account for funeral …show more content…

In the case, Perry Funeral Home also entered into preneed funeral contracts where payment was received in advance of the goods and services being provided. Perry was also mandated by state law to provide refunds at the buyer’s request. The Tax Court ruled in favor of the taxpayer stating that payments received under preneed funeral contracts are includable in gross income only upon the provision of the goods and services. Perry Funeral Home, Inc. v. Commissioner, 86 TCM 713 (2003). This case has not been cited in another case, but heavily relies upon the ruling in Indianapolis Power & Light. This case is significant for Morbid because it extensively deals with income recognition of preneed funeral contracts, and it took place in the Tax Court. Morbid will have an opportunity to take their case to Tax Court as well if they cannot work out the disagreement internally with the IRS, and they receive a 90 day

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