How can the Greater Anchorage (Alaska) and Barnes Hospital (Missouri) courts take two nearly identical tax laws, apply them to situations with virtually identical facts, and arrive at opposite conclusions? Are their decisions fair?

Answer questions on page 458, questions 1-4 : Barnes Hospital v. Collector of Revenue 1. How can the Greater Anchorage (Alaska) and Barnes Hospital (Missouri) courts take two nearly identical tax laws, apply them to situations with virtually identical facts, and arrive at opposite conclusions? Are their decisions fair? 2. Which of the two interpretations do you find more persuasive? 3. Would Barnes Hospital have been decided differently if the property in question had been owned by a for-profit company but leased to the hospital for the same purposes? 4. What if a parking garage with daily or hourly fees and used by employees, patients, families, and visitors were located on a parcel of land owned by and adjacent to the hospital property? Would that use be exempt in Alaska or Missouri? Would it matter who accrued the revenue from the parking garage or what fees were charged? Does your answer change if the garage could also be used by patrons of local businesses that are not related to the hospital? ——————————————————- Answer chapter 12 Discussion Questions on page 455. Only Questions #2 and #4 2. Compare the structure and financing of today’s “medical–industrial complex” to your mental image of the nineteenth- and early twentieth- century hospital. Outline your arguments—both pro and con—for this debate topic: Resolved, that government shall eliminate all favorable tax treatment for not-for-profit healthcare organizations. 4. Suppose the law requires that, for a property to be tax exempt, it must be used for exempt purposes. Suppose also that January 1 is the assessment date, and the use of the property on that date determines its exempt status for the coming year. In July 2016, a hospital buys a parcel of land near its main campus to build a facility for housing and maintaining its fleet of ambulances. Construction begins on December 1, 2016, and is completed in June 2017. The hospital starts using the building as an ambulance station on June 30, 2017. Should the land be considered exempt for 2016? What if construction had begun on January 2, 2017?

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