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5/17/2016 12:48:29 PM
 
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Section 5: OPA Board Subject: Tax Status Msg# 949864
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If the location was not important, why specify that it was at a location eight miles distant.
In my opinion, it was described in the discussion that way because it is a fact. Since the court held that OP was subject to tax on the Beach Club parking because the Beach Club and Beach Club parking was not open to the general public, is it your opinion, that had the Beach Club and parking been open to the public, OPA would have also been subject to tax on income because the club and parking were dislocated from the larger OPA community? |
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For reference, the above message is a reply to a message where: 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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