Bullis School, Inc. v. Appeal Tax Court

²⁷⁴ Henderson, J., delivered the opinion of the Court. The question presented in this case is whether a nonprofit private school is entitled to a tax exemption on farm property owned by it, up to the maximum of 100 acres, under Code (1951), Art. 81, Sec. 8(8). The section reads as follows: “The following shall be exempt from assessment and from State, county and city taxation in this State, each and all of which exemptions shall be strictly construed: * * * (8) Buildings, furniture, equipment and libraries of educational or literary institutions, no part of the net income of which inures to the benefit of any private shareholder or individual, and the ground, not exceeding (outside of any city) one hundred acres in area, appurtenant thereto, and necessary for the respective uses thereof.” By Chapter 27, Acts of 1950, the maximum acreage had been increased from 40 acres to 100 acres. The appellant had been granted an exemption of 40 acres under the prior law.

In 1953, it sought an exemption of an additional 60 acres, which was refused by the Appeal Tax Court of Montgomery County, and by the State Tax Commission on Appeal. The trial court affirmed the Tax Commission. The appellant, a Maryland corporation, is conceded to be an educational institution satisfying the requirements of the statute. It is a boys’ preparatory school providing courses equivalent to high school from the 9th through the 12th grades.

It has from 190 to 250 students during the regular school year, of whom about three-fourths are boarders. It occupies a site in Silver Spring, Montgomery County, Maryland, consisting of about 6 acres. No question has ever been raised as to the propriety of its exemption, so far as the school buildings and grounds in Silver Spring are concerned. However, the appellant purchased in 1951 a farm known as Meadow Hall of approximately 285 acres located about 7 miles from Silver Spring, as a future site for the school.

It lacked the necessary funds to build a new school and had no endowment. Apparently it was only able to purchase the farm because it had made a profitable sale of another tract of land held by it for pur ²⁷⁵ poses of expansion. Mr. Bullís, the headmaster, was directed to reside on the farm and supervise farming operations. The school is now operating the farm, having about 200 acres in pasture and crops, a herd of 80 cattle and 180 hogs.

All the crops are converted into feed for the cattle and hogs which in turn supply the school with all the pork and most of the beef consumed by its students. The only product sold commercially is a small surplus of milk, the proceeds being used to buy feed. There was testimony to show that at least some of the farm buildings and curtilage were used for school purposes. The main building is used as a residence by the headmaster, and during the summer months 4 or 5 boys are tutored there in a classroom fitted up in one of the buildings.

This is in line with one of the school objectives, the preparation of boys for entrance to the U. S. Military Academy or the Naval Academy. A square dance is held in the barn at Halloween, and two picnics are held on the grounds during the school year. A few boys perform farm labor during the summer months to earn money to pay their tuition. However, the school does not offer any instruction in agriculture, vocational training or the like.

The school has received the benefit of an exemption of 34 acres, covering all the farm buildings and curtilage. It was stated in argument that this allowance was granted by the Tax Commission on another appeal and affirmed by the trial court, but the matter is not before us. It may well be that different considerations would apply, in view of the necessary, though limited, school uses of the residence and grounds. Cf.

Morning Cheer v. Co. Com’rs., 194 Md. 441 , dealing with a similar exemption of a religious institution. The issue here is whether the fact that the entire produce of the farm is used to feed the school teachers and students justifies an exemption of 60 acres of farm land. There was testimony that this use helps to keep down the tuition charges and operating expenses of the school. It was admitted that the farm has always