- 10 - 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 determinationPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011