The applicable legal standard distinguishing an ordinary trust from a business trust has remained relatively static (albeit vague) since the ancient origins of our federal tax system. Finally, all business trusts whose certificates of beneficial interests are publicly traded will be taxed as corporations under IRC § 7704 and are beyond the scope of this article.
However, the consequence of business trust status was radically altered in 1997. Prior to the 1997 release of the watershed check-the-box regulations, the 1960 "Kintner" federal tax regulations generally incorporated ancient case law to classify trusts.
No situation is known in which a consumer-depositor has been denied funeral services equal to the full balance of the consumer-depositor’s account or was charged extra for those services.
It is believed that funeral homes have been providing refunds in those instances in which the cost of funeral services is less than the balance of the consumer-depositor’s account balance.
According to the Disclosure Statement, "The Debtors received additional offers for outstanding assets of the Debtors, which the Debtors anticipate selling pursuant to a motion for private sales of property.