Henderson County Retirement Center, Inc. v. Department of Revenue

2 Citing cases

  1. Coles-Cumberland Professional Development Corp. v. Department of Revenue

    672 N.E.2d 391 (Ill. App. Ct. 1996)   Cited 2 times
    In Cole Hospital, the hospital, a charitable organization, filed for the exemption because under the lease terms it was responsible to pay the property taxes even though it no longer owned the property.

    The right to choose when and if the property may be transferred is one of the most significant incidents of ownership. Henderson County Retirement Center, Inc. v. Department of Revenue, 237 Ill. App.3d 522, 527, 604 N.E.2d 1003, 1006 (1992). In this case, Lincolnland has no power to force the sale of the property.

  2. Springfield School Dist. v. Dept. of Revenue

    384 Ill. App. 3d 715 (Ill. App. Ct. 2008)   Cited 1 times

    "[T]he right to choose when and if property may be transferred is the single most significant incident of real estate ownership." Henderson County Retirement Center, Inc. v. Department of Revenue, 237 Ill. App. 3d 522, 527, 604 N.E.2d 1003, 1006 (1992) (amending a lease to grant the lessee an unconditional option to purchase upon expiration of the leasehold changed the incidents of ownership and rendered the leasehold tax-exempt). The District does not clearly and convincingly establish that it intends to own the property in the future where it has granted a third party the right to transfer ownership.