ILNews

Nonprofit unable to prove it is entitled to charitable tax exemption

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.

Housing Partnerships builds or rehabs housing units and rents or sells them to low- and moderate-income people who may not otherwise be able to obtain safe and decent housing. The organization receives income from donations, federal grants and the money it receives from the sale and rental of its units.

In 2006, Housing Partnerships sought an exemption on each of its rental properties and its administrative office, claiming they were entitled to the exemption outlined in I.C. 6-1.1-10-16 because they were used to provide housing to low-income residents. Its application was denied, and the Indiana Board of Tax Review ruled in 2010 that the organization failed to establish a prima facie case that the properties are entitled to the tax exemption.

Because the provision of low-income housing is not per se a charitable purpose, Housing Partnerships needed to demonstrate that it was taking on a task that would otherwise fall to the government, thus providing a benefit to the community as a whole because the government is able to direct its funds to other community needs.

In Housing Partnerships, Inc. v. Tom Owens, Bartholomew County Assessor, 49T10-1005-TA-23, Housing Partnerships argued that the final determination must be overturned because it is arbitrary, capricious and an abuse of discretion because the board ignored Housing Partnerships’ evidence. It also argued that the final determination is contrary to law.

The IBTR explained that the evidence showed that Housing Partnerships was “a good landlord” and did some “nice things for its tenants,” but it did not demonstrate that the subject properties were owned, occupied and predominately used for a charitable purpose as that term is used in I.C. 6-1.1-10-16. The board’s conclusion that a taxpayer must show more than just good deeds and a nonprofit status is supported by Tax Court caselaw, Judge Martha Wentworth wrote. Housing Partnerships also did not provide evidence that it has relieved the government of an expense that it would have otherwise borne.

Wentworth also found reasonable the board’s conclusion that Housing Partnerships did not provide facts showing that its provision of low-income housing met the legal requirements of a charitable purpose that would entitle it to an exemption from property taxes.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

ADVERTISEMENT