NORTH RIDGE COUNTRY CLUB v. C.I.R.

No. 88-7062.

877 F.2d 750 (1989)

NORTH RIDGE COUNTRY CLUB, Petitioner-Appellee, v. COMMISSIONER INTERNAL REVENUE SERVICE, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 6, 1989.


Attorney(s) appearing for the Case

Kenneth L. Greene, Asst. Atty. Gen., Tax Div., Washington, D.C., for respondent-appellant.

Alvin R. Wohl and Michael P. Casterton, Sacramento, Cal., for petitioner-appellee.

Before CANBY, THOMPSON and LEAVY, Circuit Judges.


LEAVY, Circuit Judge:

OVERVIEW

The Commissioner of Internal Revenue ("the Commissioner") appeals a tax court decision rejecting its deficiency assessment of North Ridge Country Club's ("the Club") taxable income for 1979. A social club such as the Club is taxed on non-member income. I.R.C. §§ 501(c)(7), 512(a)(3).1 The Club's income from a non-member activity exceeded the direct costs of conducting the activity, but...

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