Wed
16
Apr
2008

Maintence Fund for Family Cemetery

No votes yet
Our Community Foundation has a request to establish a designated fund for the maintenance of an historic family cemetery. The cemetery currently has status as a 501c13 cemetery company with IRS. Even though their annual revenue is relatively small, under the new IRS rules they must file a 990. If the community foundation establishes a designated fund, then contributions to it are tax deductible and no seperate 990 is required. That is the easy part. The question becomes "are distributions from the fund for maintenance of the cemetery allowable if the cemetery is on family owned land?" Anyone who has a similar experience or has knowledge on this issue please share your thoughts. Thank you.
Fri
18
Apr
2008
197
points
#2 by Laura Peebles    

Cemetery company

See Rockefeller Family Cemetery Corp. v Commissioner [Dec. 32,878 ], 63 T.C. 355, 358 (1974) for the only case I'm aware of dealing with private cemeteries. Also see Cave Hill Investment Company, [2002-2 USTC ¶50,722] regarding separate funds for perpetual care. This isn't much, but perhaps it will give you enough to start your research.

Fri
18
Apr
2008
183
points
#1 by Cecil Myers    

Thank you!

I will pursue this lead.