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5/17/2016 12:33:18 PM
 
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Section 5: OPA Board Subject: Tax Status Msg# 949857
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Is it also your opinion that the basis for the courts decision was that our Beach Club and Beach Club parking were not open to the public?
Absolutely. That was the essence of the case, in addition to the income not being rental income. Seems that the physical location of the Beach Club and parking, while a fact, was not the basis of the courts holding in favor of the IRS. That part is not clear to me. If the location was not important, why specify that it was at a location eight miles distant. Does the use of the word "community" have meaning in terms of the community in Ocean City versus the community in Ocean Pines? I'm not sure these questions were asked or answered by the case. |
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For reference, the above message is a reply to a message where: In my opinion, the case was correctly decided against OPA at both courts. Jim. Is it also your opinion that the basis for the courts decision was that our Beach Club and Beach Club parking were not open to the public? Seems that the physical location of the Beach Club and parking, while a fact, was not the basis of the courts holding in favor of the IRS. |
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