Mason's Island Yacht Club, Inc. v. United States

*588RULING ON MOTION FOR SUMMARY JUDGMENT

BLUMENFELD, District Judge.

This is a suit for refund of excise taxes assessed by the Commissioner of Internal Revenue at the rate of 20% on the first $2500 1 of the prices paid by each of 13 members of the Mason’s Island Yacht Club (hereinafter the “club”) for parcels of real property on Mason’s Island individually acquired by them. These properties were acquired between 1958 and 1962 at prices ranging from $2500 to $45,000. The ground for imposition of the tax in dispute is that such payments were paid as initiation fees to the club. The applicable…