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17814Re: [tips_and_tricks] Return of property tax bills.

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  • Jake
    Sep 3, 2010
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         > I am quite sure that a lot of people in New York are being assessed and made to pay a property tax well outside the authority of the state to legislate.
       
      Well, that falls into the, "If you want somebody to bitch at, look in the mirror" category.  And it certainly reminds me of the North Carolina "Intangibles Tax" which was declared unconsitutional by a unanimous U.S. supreme court in 1996 (Fulton Corp. v. Faulkner, 516 U.S. 325), but people had been paying it for like 85 years before someone finally said wait a darn minute, that tax is unconsitutional!
       
      I don't remember all the details, but I do remember these points - some attorneys told their clients when you pay the intangibles tax, write "Paid Under Protest" or the like on the memo line of your check, or otherwise make a notation to that effect when making the payment.  The N.C. court of appeals ruled the tax unconstitutional, but the State supreme court reversed & then the case went up to the U.S. supreme court.  Figuring the State would lose, the N.C. Legislature repealed the tax before the case was heard, but the supreme court said that doesn't matter because the tax was unconstitutional from day one (Ref. Norton v. Shelby Co., 118 U.S. 425 (1886)).  Now here's the kicker - ONLY those people who objected to the tax in writing when they paid it got a refund, and ONLY for those years that they objected.
       
      ~ ~ ~  


      --- On Fri, 9/3/10, vze4bqdp@... <vze4bqdp@...> wrote:

      From: vze4bqdp@... <vze4bqdp@...>
      Subject: Re: [tips_and_tricks] Return of property tax bills.
      To: tips_and_tricks@yahoogroups.com
      Date: Friday, September 3, 2010, 3:38 PM

       
      At 10-0903 12:06 pm, you wrote:
      >For the life of me I can't understand why anyone would start a fight
      >they can't possibly win, especially in the area
      > of State property tax, which is not new by any stretch of the imagination.

      I am quite sure that a lot of people in New York are being assessed
      and made to pay a property tax well outside the authority of the
      state to legislate. There seems to have been a lot of reluctance on
      the part of early colonists to trust taxing authorities, particularly
      when it came to direct taxation on the land. Their fears appear to
      have been well founded. I do realize that winning and validity are
      separate issue, entirely -- I certainly haven't been able to get far
      in this respect.


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