- 32 - specific portion of fees would be set aside for capital improvements, and all income and receipts were commingled. The court stated that “the amount or proportion to be used for capital improvements must be stated at the time of ‘assessment’ and earmarked for that purpose at the time of receipt.” In Maryland Country Club, Inc. v. United States, 75-2 USTC par. 16,190 (D. Md. 1975), judgment revd. 539 F.2d 345 (4th Cir. 1976), the court, after examining the above- cited cases19, concluded that there were three basic conditions of earmarking: First, there must be a definite commitment to engage in some capital construction; second, at the time of the initial payment, both the club and the member must be operating under the 19 In addition to the above-cited cases, the court also examined Cactus Heights Country Club v. United States, 280 F.Supp. 534 (D.S.D. 1967)(holding that a resolution, prior to collection of the funds, to apply 80 percent of the funds collected to capital improvements was sufficient to bring that 80 percent within the exception), and Pinehurst Country Club v. United States, 248 F.Supp 690, 692-693 (D. Colo. 1965). The court said that Pinehurst was probably at the clearly qualified end of the scale of acceptable earmarking, stating that, “Although earmarking was not in question in that case, the earmarking which did occur and which was plainly acceptable serves as a useful example in other cases.” Maryland Country Club, Inc. v. United States, 75-2 USTC par. 16,190, at 88,952 (D. Md. 1975), judgment revd. 539 F.2d 345 (4th Cir. 1976). In Pinehurst the new members, in addition to paying dues, had an option of paying an assessment for capital improvements and construction in cash or in installments. The amounts paid as capital contributions were accounted for separately and deposited in a separate escrow bank account, and thereafter were transferred directly from the escrow account to a construction account at which time members who had paid construction assessments were credited with the amounts not used.Page: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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