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Denied in Crow Wing County, Mille Lacs County, and
Mower County. |
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Note: due to
the fuzziness of the original document, (although it is readable), we're
going to type it so you can see it clearly. It's more work for us, but
easier on your eyes, and this information is much too important to miss!
Also, we'll highlight the highlights. Check the original document link (at
the bottom) if you'd like. |
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Nexus owns four institutions: the Mille
Lacs Academy in Onamia, MN; the Gerard Academy in Austin, MN; as well as two
in Illinois - Indian Oaks Academy and Onarga Academy.
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July 31, 2002
Mike Sutherland
Mower County Assessor
Courthouse 201 1st Street NE
Austin, Minnesota 55912
Dear Mike,
The application for exemption of the treatment
facility operated by Gerard in the city of Austin, Minnesota has been
forwarded to me for reply.
The following items were provided for review:
Application for exemption from Gerard.
Copy of the lease between Gerard and Gerard
Treatment Programs, LLC.
Articles of Organization for Gerard Treatment
Programs, LLC.
Amended Bylaws of Gerard Treatment Programs,
LLC.
Copies of Federal Form 990 for Gerard for 1999
and 2000.
Certificate of Organization for Gerard
Treatment Programs, LLC.
Gerard has applied for exemption based on both
as an academy, college, university or seminary of learning and under the
purely public charity provision. We understand that the facility provides
education for its residents. However, the primary use of the property is a
treatment facility. Therefore, it is inappropriate to grant an exemption as
an academy, college, university or seminary of learning. We are aware of the
recent court case of Point Rejuvenate of Minnesota vs. county of St. Louis;
however we are uncertain of the extent to which that applies to this
residential treatment facility.
We use the factors developed by the courts in
the North Star case to help us determine if the entity meets the provisions
of a purely public charity. After reviewing the documents that were
submitted, it is our opinion that the facility does not qualify as an
institution of purely public charity. While the facility does receive
donations, they do not appear to be significant when compared to the overall
revenue generated by the facility. We have no evidence that services
provided by the facility are at a cost that is below market. We have no
evidence that shows that the cost to the residents is reduced due to the
donations. Therefore, after reviewing all of the information provided, it is
our opinion that the facility is
taxable.
If you have further questions, please contact
our division.
Sincerely,
STEPHANIE NYHUS, Senior Appraiser
Information and Education Section
CC: Mark Manderfeld
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