- 4 - taxable year ended October 31, 1986. The remaining 4.8 acres were subdivided into 14 homesites. During petitioner's taxable year ended October 31, 1987, 11 of the 14 homesites were sold to petitioner's members for a total of $149,000. Petitioner's tax basis and development costs for the 11 homesites sold totaled $5,742 and $21,190, respectively, leaving petitioner with a gain of $122,068. Petitioner used the proceeds from the sale of the 11 homesites to pay for the construction of the new recreational facilities during the period beginning 1 year before and ending 3 years after the sale of the 11 homesites.3 Although petitioner originally intended that the entire 63.8-acre tract would be used for the development of new recreational facilities (following the expiration of the 5-year restriction period), petitioner never used any part of the 4.8- acre tract for recreational activities. On the other hand, the new recreational facilities constructed on the 59-acre tract have been used by petitioner directly in the performance of its exempt function. Although petitioner filed a Form 990 (Return of Organization Exempt from Income Tax) for its taxable year ended October 31, 1987, petitioner did not file a Form 990-T (Exempt Organization 3At the time this case was submitted, the three remaining homesites remained unsold.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011