OCEAN PINES ASS'N, INC. v. C.I.R.

No. 11-1029.

672 F.3d 284 (2012)

OCEAN PINES ASSOCIATION, INC., Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 2, 2012.


Attorney(s) appearing for the Case

ARGUED: Jerrold A. Thrope , Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Maryland, for Appellant. Teresa Thomas Milton , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Steven M. Gevarter , Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Maryland, for Appellant. Gilbert S. Rothenberg , Acting Deputy Assistant Attorney General, Bruce R. Ellisen , Tax Division, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Judge SCHROEDER and Judge CHILDS joined.


OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The Tax Court determined that the net income from two parking lots and a beach club owned by a tax-exempt association constitutes "unrelated business taxable income." The association appeals. Because the income derived from the parking lots and beach club is not "substantially related" to the association's tax-exempt purpose, we affirm.

I.

Before the Tax Court, the parties stipulated to the facts...

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