- 13 - the proposition that it would be contrary to congressional intent to subject the gains that it realized on the sale of the 11 homesites to unrelated business income tax. S. Rept. 91-552, at 72-73 (1969), 1969-3 C.B. 423, 470-471, states in pertinent part: In addition, the committee's bill provides that the tax on investment income is not to apply to the gain on the sale of assets used by the organizations in the performance of their exempt functions to the extent the proceeds are reinvested in assets used for such purposes within a period beginning 1 year before the date of sale and ending three years after that date. This provision is to be implemented by rules similar to those provided where a taxpayer sells or exchanges his residence (sec. 1034). The committee believes that it is appropriate not to apply the tax on investment income in this case because the organization is merely reinvesting the funds formerly used for the benefit of its members in other types of assets to be used for the same purpose. They are not being withdrawn for gain by the members of the organization. For example, where a social club sells its clubhouse and uses the entire proceeds to build or purchase a larger clubhouse, the gain on the sale will not be taxed if the proceeds are reinvested in the new clubhouse within three years. Relying on this excerpt, petitioner argues that it would be inappropriate to subject the gains in question to unrelated business income tax where the gains were immediately reinvested in new recreational facilities. As previously noted, where a statutory provision 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). Although petitioner immediately reinvested its gains in new recreational facilities used in the performance of itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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