From Casetext: Smarter Legal Research

Matter of Syracuse Masonic Temple

Court of Appeals of the State of New York
Jan 21, 1936
270 N.Y. 8 (N.Y. 1936)

Summary

In Matter of Syracuse Masonic Temple (270 N.Y. 8) it appeared that the non-existence of net income to apply to the charitable purpose was a situation intentionally brought about by the fraternal corporation.

Summary of this case from People ex Rel. Greater Pythian Temple v. Miller

Opinion

Argued December 10, 1935

Decided January 21, 1936

Appeal from the Supreme Court, Appellate Division, Fourth Department.

George R. Fearon and S.D. Solomon for appellant.

James C. Tormey, Corporation Counsel ( John Hmiel of counsel), for respondent.


The relator is organized under the provisions of Benevolent Orders Law (Cons. Laws, ch. 3), section 7. Its certificate of incorporation states that the purpose and objects of said corporation shall be "the acquiring, constructing, maintaining and managing a hall, temple, or other building, or a home for the aged and indigent members of the Masonic order and their dependent widows and orphans, and of collecting and maintaining a library for the use of the bodies uniting to form such corporation, and the entire net income of the property of such corporation shall be exclusively applied, or be used to build, furnish and maintain an asylum, or asylums, a home, or homes, a school or schools, for the free education or relief of the members of the Masonic fraternity, or for the relief, support and care of worthy and indigent members of the fraternity, their wives, widows or orphans."

It has constructed and maintains a building in the city of Syracuse. It has leased one floor of the building to the Syracuse Masonic Club. The remaining four floors of the building are used and occupied by lodges of the Masonic order as drill halls, lodge rooms, robing rooms, offices and waiting rooms. The relator claims that the building is exempt from taxation under the provisions of subdivision 7 (now subd. 6) of section 4 of the Tax Law (Cons. Laws, ch. 60).

We may assume for the purposes of this appeal, without now deciding, that the relator is a "fraternal corporation * * * created to build and maintain a building * * * for its meeting or meetings of the general assembly of its members, or subordinate bodies of such fraternity and for the accommodation of other fraternal bodies or associations" within the meaning of that subdivision. (Cf. People ex rel. Masonic Hall Assn. v. White, 218 App. Div. 38; affirmed without opinion, but on answer to certified questions, 244 N.Y. 564.) Exemptions granted by the same subdivision to corporations organized exclusively for other purposes do not apply to it. To obtain exemption of its real property it must comply with the express condition upon which the real property of corporations like itself are granted exemption.

That condition is that the "entire net income of [the] real property is exclusively applied or to be used to build, furnish and maintain an asylum or asylums, a home or homes, a school or schools, for the free education or relief of the members of such fraternity or for the relief, support and care of worthy and indigent members of the fraternity, their wives, widows or orphans." It is not sufficient to include such purposes in the certificate of incorporation, or to provide by resolution that the net income is to constitute a fund for such purposes. The condition is complied with only where in fact the entire net income "is exclusively applied or to be used" for such purposes.

No income of the relator has in fact been applied to such purposes. It claims that the reason is that it has never had any net income and that in accordance with its resolutions whenever its income exceeds its expenses and it enjoys a net income such net income is "to be used" for such purposes. It has, nevertheless, paid out of income considerable sums in reduction of funded indebtedness and for other purposes which cannot be considered, reasonably, as expenses to be deducted before the net income is arrived at.

The order should be affirmed, with costs.

CRANE, Ch. J., LEHMAN, O'BRIEN, HUBBS, LOUGHRAN and FINCH, JJ., concur; CROUCH, J., not sitting.

Order affirmed.


Summaries of

Matter of Syracuse Masonic Temple

Court of Appeals of the State of New York
Jan 21, 1936
270 N.Y. 8 (N.Y. 1936)

In Matter of Syracuse Masonic Temple (270 N.Y. 8) it appeared that the non-existence of net income to apply to the charitable purpose was a situation intentionally brought about by the fraternal corporation.

Summary of this case from People ex Rel. Greater Pythian Temple v. Miller

In Matter of Syracuse Masonic Temple (270 N.Y. 8), the court held that it was not enough that the certificate of incorporation provide that the net income is to provide a fund to maintain an asylum or home for needy masonic families but that there must be a factual showing that substantial amounts of net income were, in fact, so applied. No such showing has been made in the present proceeding.

Summary of this case from Matter of Masonic Temple v. Calistri
Case details for

Matter of Syracuse Masonic Temple

Case Details

Full title:In the Matter of the Application of SYRACUSE MASONIC TEMPLE, Appellant…

Court:Court of Appeals of the State of New York

Date published: Jan 21, 1936

Citations

270 N.Y. 8 (N.Y. 1936)
199 N.E. 780

Citing Cases

Simpson v. Bohon

" (Headnote.) See also Sir Walter Lodge No. 411, I.O.O.F. v. Swain, 217 N.C. 632, 9 S.E. Rep. 2d 365;…

People ex Rel. Trustees M.H. A. Fund v. Miller

Concededly the entire net income of appellant's real property in New York city is applied to such a use. In…