- 14 - exempt function, the fact remains that Congress enacted a nonrecognition provision that is limited to a narrowly defined set of circumstances. The benefits of section 512(a)(3)(D) are limited to gains realized on the sale of property that is used directly in the performance of the organization's exempt function. Petitioner has failed to demonstrate that the gain that it realized on the sale of the 11 homesites fits within the terms of section 512(a)(3)(D). Moreover, we are not satisfied that the legislative history relied upon by petitioner rises to the level of unequivocal evidence of legislative purpose sufficient to ignore the literal terms of the controlling statute. Accordingly, we agree with respondent that petitioner was obligated to recognize and report the gain on its 1987 tax return. We have considered petitioner's remaining arguments and find them unpersuasive. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14
Last modified: May 25, 2011