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STATE v. PHOENIX LODGE NO. 708

No. TX 91-01599.

178 Ariz. 275 (1994)

872 P.2d 679

STATE of Arizona, ex rel., ARIZONA DEPARTMENT OF REVENUE v. PHOENIX LODGE NO. 708, LOYAL ORDER OF MOOSE, INC.

Tax Court of Arizona.

April 4, 1994.

Attorney(s) appearing for the Case

Atty. Gen. by Michelle M. White, Phoenix, for plaintiff.

Newmark Macpherson & Migray by Stephen C. Newmark, Phoenix, for defendant.

OPINION

SCHAFER, Judge.

Phoenix Lodge No. 708, Loyal Order of the Moose, Inc., is a non-profit, tax-exempt, fraternal organization. It provides charity for its members and also contributes to the community at-large. It also operates a hall. The hall contains a dining room that is used by members (and their families) only; it is not open to the public. The issue in this case is whether that dining room is a business for which the Lodge must pay a transaction...

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