Back-Acres Country Club, Inc. v. Mississippi State Tax Commission

216 So. 2d 531, 1968 Miss. LEXIS 1239
CourtMississippi Supreme Court
DecidedDecember 16, 1968
DocketNo. 45079
StatusPublished
Cited by8 cases

This text of 216 So. 2d 531 (Back-Acres Country Club, Inc. v. Mississippi State Tax Commission) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Back-Acres Country Club, Inc. v. Mississippi State Tax Commission, 216 So. 2d 531, 1968 Miss. LEXIS 1239 (Mich. 1968).

Opinion

ROBERTSON, Justice.

The Mississippi State Tax Commission, appellee, imposed, levied, and assessed a privilege license tax under “the Emergency Amusement Revenue Act of 1934,” as amended, against the Back-Acres Country Club, Inc., appellant. The Circuit Court of Tate County affirmed the order of the Commission, and the appellant prosecutes this appeal.

The appellant contends that the mere fact that it provides and maintains an 18-hole golf course and a swimming pool for the exclusive use of its resident members and their guests, and its nonresident members, does not bring it within the provisions of Sections 9056 and 9057 Mississippi Code 1942 Annotated (Supp.1966). The appellant assesses and collects from a resident member a $3.00 greens fee for each invited guest using the golf course, and 500 for each guest using the swimming pool. The club also charges each nonresident member $3.00 for each day that the nonresident member actually uses the golf course and 50^ per day for the use of the swimming pool. The appellant argues that these assessments against its resident and nonresident members do not constitute admission charges obtained “from the general public or a limited or selected number thereof” to an amusement as defined in Section 9056.

Back-Acres Country Club, Inc. is a nonprofit, nonshare corporation, organized under Mississippi law and domiciled in Senatobia, Mississippi. According to its charter the principal purpose for which the club was organized was to provide a golf course, swimming pool, clubhouse, tennis courts and other recreational facilities for the enjoyment of the club. The use of these facilities is restricted by its constitution to the several classes of members.

The bylaws extend the use of all of its facilities to three classes of members: life, resident and nonresident. The resident members must reside in Tate County, the [533]*533south half of DeSoto County, or the north half of Panola County. The nonresident members are restricted to individuals living outside of the area for resident members.

A resident member may invite as his guest, with the permission of the board of directors, one living within the resident membership area provided such guest is a potential member. Such a guest may not be invited on more than two occasions. Resident members may also invite as their guests individuals who do not reside within the resident membership area, but this invitation is limited to two times in each twelve-month period. Nonresident members may not invite guests at any time.

The facilities of the club are not available to the general public, or any limited or selected group therefrom, but are restricted to its membership in good standing and to guests of resident members, as defined and limited in its bylaws. All members are required to register in a book provided for that purpose on the premises and are required to identify their guests, and members must be prepared at all times to show their membership cards as authority for the use of the club’s facilities.

Resident members pay a fixed monthly charge as dues, in addition to the special assessment for each invited guest. The special charges are billed to the resident member and not to his guest. A nonresident member pays an annual membership fee of $1.00 and is assessed for his actual use of the golf course and swimming pool as heretofore mentioned. He is not charged for the use of the clubhouse or any other facilities of the club, including five fishing lakes on the club property.

Before becoming either a resident or nonresident member, one must submit a written application for membership. Each applicant must be sponsored by a member, and the name of each applicant is posted on the club bulletin board for a certain period of time. If no objections are received, then the application is passed on to a secret membership committee. If that committee approves and the board of directors approves, the applicant is admitted to membership upon the payment of the initiation fee and any other fees prescribed for membership. A membership card is then issued and the member must be prepared to exhibit the membership card at any time.

No member may receive any dividend or any pecuniary benefit from the club. Any such benefit is prohibited in the charter itself and also by the law under which the club was organized. No officer of the club receives any salary, and the maintenance of the golf course is the major part of the club’s operating budget. The extent to which the golf course and swimming pool are used by its members largely determines the overall annual cost of upkeep.

Mr. Dick Ramsey Thomas, a former president, in describing the appellant club, testified:

“My neighbor gave the land for the Club. We have worked hard and we have helped to try to build that Club up. Many of us have given time and money. We take our families out there, we are proud of it. A country club doesn’t pretend to be a democratic organization. It is exclusive by nature, and we have done everything within our power to protect that exclusive right. We pay for the privilege of being exclusive owners and users of our facilities, and we do not want and will not permit the general public to come upon our grounds.”

Was it the purpose of the Legislature for the State Tax Commission to impose, levy and assess a privilege license tax on a private country club operating a golf course and swimming pool for the exclusive use of its members and their invited guests because the club specially assessed each resident member for the use of these facilities by his invited guests and specially assessed a nonresident member for each day of actual use of the golf course or swimming pool? We think not. Are these [534]*534assessments made against its members in reality a method “of obtaining admission charges, donations, contributions, or monetary charges of any character from the general public or a limited or selected number thereof, directly or indirectly”? We think not.

Section 9056 Mississippi Code 1942 Annotated (Supp.1966) defines “amusement” subject to the tax in this way:

“When the term ‘amusement’ is used in this Act, it shall mean and it shall include all manner and forms of entertainment and amusement, theatres, opera houses, moving picture shows, aquariums wherein are displayed aquatic life, vaudeville, amusement parks, athletic contests, including wrestling matches, prize fights, boxing exhibitions, football and baseball games, skating rinks, race tracks, golf courses, public bathing places, public dance halls of every kind and description, and all forms of diversion, sport, recreation, or pastime, shows, exhibitions, contests, displays, games, or any other and all methods of obtaining admission charges, donations, contributions or monetary charges of any character, from the general public or a limited or selected number thereof, directly or indirectly in return for other than tangible property or specific personal or professional services.”

This definition remained as originally enacted in “the Emergency Amusement Revenue Act of 1934” until 1962, when the Legislature added “aquariums wherein are displayed aquatic life,” to cover marine-lands operated for profit and open to the general public upon the payment of an admission fee.

We think the intent and purpose of the Legislature becomes crystal clear when we examine the juxta position of “golf courses” in the statute.

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Bluebook (online)
216 So. 2d 531, 1968 Miss. LEXIS 1239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/back-acres-country-club-inc-v-mississippi-state-tax-commission-miss-1968.