Deer Park Country Club - Page 13

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          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  They are not being withdrawn for gain by                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 its               




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