City Athletic Club v. United States

J. JOSEPH SMITH, District Judge.

Plaintiff City Athletic Club was organized as a Membership Corporation under New York law. Pursuant to a vote of its members, it levied on all its members an assessment in 1948 payable if desired in monthly instalments over a two year period. The assessment, to raise additional funds for repairs, replacements and improvements to the club’s property, which was for an amount over and above the regularly collected dues, was billed to the members without the usual reference to suspension for nonpayment of indebtedness. The assessment was paid substantially in full…