- 9 - We begin our analysis with the well established rule of statutory construction that statutes are to be read so as to give effect to their plain and ordinary meaning unless to do so would produce absurd or futile results. United States v. American Trucking Associations, 310 U.S. 534, 543-544 (1940); see Tamarisk Country Club v. Commissioner, 84 T.C. 756, 761 (1985). Moreover, where a statute is clear on its face, we require unequivocal evidence of legislative purpose before construing the statute so as to override the plain meaning of the words used therein. Halpern v. Commissioner, 96 T.C. 895, 899 (1991); Huntsberry v. Commissioner, 83 T.C. 742, 747-748 (1984). Although there is a dearth of case law construing section 512(a)(3)(D), we nonetheless find one of our prior cases, Atlanta Athletic Club v. Commissioner, T.C. Memo. 1991-83, revd. 980 F.2d 1409 (11th Cir. 1993), to be instructive. In Atlanta Athletic Club v. Commissioner, supra, the taxpayer (an organization described in section 501(c)(7) and exempt from income taxation under section 501(a)) operated a country club including two 18- hole golf courses, a clubhouse, a swimming pool, tennis courts, and other recreational facilities for the benefit of its members and their guests. During its taxable year ended March 31, 1985, the taxpayer realized gain of approximately $2.3 million on the sale of 108 acres of land. The taxpayer subsequently reinvested the $2.3 million in additional recreational facilities within 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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