Little Miami, Inc. v. Kinney
Little Miami, Inc. v. Kinney
Opinion of the Court
The issue presented herein is whether ap
Applying this test, the Board of Tax Appeals found that appellant’s use of Bass Island was insufficient to show that it was used “in furtherance of or incidental to” appellant’s charitable purpose, but that it qualified in all other respects. In reaching this result, the Board of Tax Appeals relied on Holy Trinity Protestant Episcopal Church v. Bowers (1961), 172 Ohio St. 103, 107; wherein this court stated, “ * * * mere ownership, standing alone, is not sufficient to create a right to tax exemption. Such ownership must be coupled with the purpose, supported by tangible evidence, that the property will be devoted to an actual physical use for the public benefit.***”
Appellant argues that this is not a case of “mere ownership,” but that it uses Bass Island to further its charitable purpose. This charitable purpose is preservation. Appellant caused Bass Island to be restored to its natural state and is working toward its continued preservation. We find that this use is in furtherance of appellant’s charitable purpose. Accordingly, the decision of the Board of Tax Appeals is reversed.
Decision reversed.
Reference
- Full Case Name
- Little Miami, Inc. v. Kinney, Commr.
- Cited By
- 27 cases
- Status
- Published