Deer Park Country Club - Page 10

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          years of the date of the sale.  Upon review of the matter, the              
          Commissioner determined that the taxpayer was liable for                    
          unrelated business income tax in respect of the gain realized on            
          the sale of its land because the land in question was not used              
          directly in the performance of the taxpayer's exempt function as            
          required for nonrecognition treatment under section 512(a)(3)(D).           
          In proceedings before this Court, the parties presented                     
          conflicting testimony and other evidence regarding both the                 
          taxpayer's intentions with respect to the use of the land in                
          question and whether activities in furtherance of the taxpayer's            
          exempt function were actually conducted on the property.  In                
          rendering our decision, we first rejected the parties' evidence             
          respecting the taxpayer's intentions with respect to the use of             
          the land on the ground that the applicability of section                    
          512(a)(3)(D) does not turn on a taxpayer's intent.  Further,                
          based upon our review of the remaining testimony and evidence, we           
          found that the land in question was not used directly in the                
          performance of the taxpayer's exempt function.  Consequently, we            
          sustained the Commissioner's determination that the taxpayer was            
          liable for unrelated business income tax.  Atlanta Athletic Club            
          v. Commissioner, T.C. Memo. 1991-83.                                        
               The taxpayer appealed our decision to the U.S. Court of                
          Appeals for the Eleventh Circuit.  As a preliminary matter, the             
          Court of Appeals agreed with this Court's initial determination             





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