250 Shoup Mill, LLC v. Testa
Annotate this CaseAppellant, a property owner, applied to exempt real property used as a public community school for tax year 2010. The tax commissioner denied the exemption to the property that Appellant leased to the community school. Appellant appealed, arguing that because it was wholly owned by a 501(c)(3) nonprofit corporation whose members include the community school to whom the property is leased, the property should qualify for exemption under the public-schoolhouse exemption and an exemption for exclusive charitable use. The Board of Tax Appeals (BTA) affirmed the denial of an exemption, concluding that the record showed a “view to profit” on the part of the lessor. The Supreme Court affirmed, holding that the record contained sufficient support for the BTA’s view-to-profit finding.
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