University of Chicago v. Department of Revenue

Court erred in reversing decision of Illinois Department of Revenue that Plaintiffs were not entitled to property tax exemptions under Section 15-35 of Property Tax Code. Department properly determined that 2 on-campus day care facilities run by Plaintiff LLC operates with a view to profit.The property at issue is primarily used for purposes that are reasonably necessary for the accomplishment and fulfillment of the educational objectives, or efficient administration, of the University. Statutory exemption is to be construed narrowly and strictly in favor of taxation. Nothing in Tax Code states that the owner of the property must be the entity that profits for the exemption to be inapplicable. Thus, the phrase "used with a view to profit" refers to any entity profiting from the use of the property, not just the owner of the property. (CUNNINGHAM and HARRIS, concurring.)