SCOFIELD v. CORPUS CHRISTI GOLF & COUNTRY CLUB

No. 10098.

127 F.2d 452 (1942)

SCOFIELD v. CORPUS CHRISTI GOLF & COUNTRY CLUB.

Circuit Court of Appeals, Fifth Circuit.

April 16, 1942.


Attorney(s) appearing for the Case

Newton K. Fox and J. Louis Monarch, Sp. Asst. to the Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and Ben F. Foster, U. S. Atty., of San Antonio, Tex., for appellant.

Jas. B. Hubbard, of Corpus Christi, Tex., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

The suit was for tax refund. The claim was that plaintiff, within Section 101, Revenue Act of 1936, 26 U.S.C.A. Int.Rev.Code § 101, was a Club "organized and operated exclusively for pleasure, recreation, and other nonprofitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder." The defense was that, in the year in question, the Club executed an oil lease upon its club property, for a consideration...

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