Legal Opinion

Atlanta Athletic Club v. Commissioner of Internal Revenue Service

Court of Appeals for the Eleventh Circuit

Decided January 11, 1993No. 91-9047PublishedCited by 16 opinions

1Opinion of the Court

COX, Circuit Judge:

Atlanta Athletic Club (the “Club”) appeals a United States Tax Court ruling that the Club must recognize and report as unrelated business taxable income a $2.3 million gain from the sale of land. The Club argues that the gain qualifies for nonrecognition under I.R.C. § 512(a)(3)(D) (West Supp.1992) because the Club used the property for its members’ recreation and reinvested the sale proceeds in recreational facilities. The Tax Court found that the Club did not directly use the property for recreation within the meaning of § 512(a)(3)(D). Atlanta Athletic Club v.…

2Cases cited10 opinions

Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
United States v. United States Gypsum Co.Supreme Court of the United States · 1948
Rosewell v. LaSalle National BankSupreme Court of the United States · 1981
Hanover Bank v. CommissionerSupreme Court of the United States · 1962
State of Alabama v. F. Ray Marshall, Secretary of Labor, State of Nevada v. F. Ray Marshall, Secretary of LaborCourt of Appeals for the Fifth Circuit · 1980

5 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

Robert Reich, Secretary of Labor, United States Department of Labor v. Department of Conservation and Natural Resources, State of AlabamaCourt of Appeals for the Eleventh Circuit · 1994
Nelson M. Blohm and Joann M. Blohm v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1993
Donald Feldman and Patricia Feldman, A/K/A Patsy Jane Feldman v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1994
Davenport Recycling Associates v. CommissionerCourt of Appeals for the Eleventh Circuit · 2000
Billy S. Creel, Sr. v. Comr., IRSCourt of Appeals for the Eleventh Circuit · 2005

11 more not listed; retrieve them via the Exa API.