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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)

Citation
Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)
Parent Document
Broadway & Fourth Avenue Realty Co. v. City of Louisville, 197 S.W.2d 238 (1946)
Jurisdiction
Kentucky (state)
Effective Date
1946-10-29

Other Sections in This Document (20)

Full Text

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In a recent opinion of this court, we refused to consider a piece of property located just one block from the property in the instant case to be tax exempt. In that case the property, located at Sixth and Broadway, was nominally owned by a Methodist organization. But the equitable and beneficial ownership had been transferred to a certain individual for commercial purposes by means of a contract that was called a lease. This court looked through the mists of rhetoric in that transaction and held that the broad aim of the parties was to transfer the practical ownership of the property from lessor to lessee. We held that the property was subject to taxation. See the case of Trinity Temple Charities, Inc. v. City of Louisville, 300 Ky. 172, 188 S. W. 2d 91. It can be readily foreseen that tax exempt organizations might be extensively used by commercial organizations to evade payment of taxes on real estate improvements through the medium of long term leases, if we should deny the right of a taxing authority to make separate assessments of buildings and of lands in cases of this kind.