Local Baltimore Bankruptcy Lawyer – Local Baltimore Bank Charity Monthly:
A Maryland court has ordered a tax appeal hearing scheduled for a property that is located in the city of Baltimore. The Maryland Department of Taxation and Finance has until July 12 to respond to the petition by the Maryland petitioner, John B. Smith. The Maryland petition was filed by the board of county supervisors, requesting the revision of the tax assessment of the owners of the property, which is located in the Local Baltimore Bank. This is the second tax appeal hearing involving the same property in recent months.
The two initial Maryland tax appeals dealt with a property that was located in the town of Calvert during the real estate market crash. One of the Maryland municipalities involved, the city of Edmond, sought to have the value of the property reduced because it was considered unsold by a local paltry sale at a local fair. The Maryland county had also been attempting to sell the property at a county fair as well.
The owner of the property, John B. Smith, was attempting to sell the property through a local broker without a real estate agent. The owner failed to disclose that he did not have a mortgage bond with a local paltry sale company and was under contract to sell the property to a buyer through the broker. When the buyer failed to purchase the property, the county notified Smith that he owed back taxes due to the unpaid tax bond.
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A second appeal of the tax appeal tribunal in Maryland relates to a dispute between the owner of a residential complex and the city of Baltimore. The owner sued the city for breach of contract and for failing to timely pay its contractual obligation to the owner. In connection with this suit, the Baltimore City Police Department seized and canceled the operation’s license of the complex’s owner. The owner was unavailable at the time of seizure and therefore could not challenge the legality of the police action in the Maryland courts. On appeal, the Baltimore City Court found that the owner of the complex was unavailable, and that the cancellation of the commercial property tax was not due to any error on the part of the City’s Tax Assessor.
In one instance that we noted in our Baltimore property case blog, the Maryland Appeals Court found a problem with a Maryland tax appeals court that found a Baltimore tax appeals tribunal erred when it ruled against the city in a tax appeal decision. In that case, the Appeals Court found that the tax appeal failed to show that the city’s tax assessment of a disputed apartment complex was excessive or unjustifiable. In that case, the three-judge Maryland appeals court panel reversed the assessment of the apartment complex and ordered the city to pay millions of dollars in back taxes.
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At the same time, the Maryland Appeals Court found a Baltimore office building owner was not entitled to a franchise tax reduction based on erroneous factual information about his business structure. The Maryland Franchise Tax Appeal Board certified the error by the tax assessor, but the appeals court found the error occurred because of improperly set up conditions for the franchise tax calculation. That case was before the Appeals Court that handled the Baltimore condo tax appeal of Realtor Rene Lacape. The Appeals Court ruled that the formula for calculating franchise taxes should be changed so that all qualifying commercial properties are included in the computation of the tax.
The Maryland Appeals Court found a Baltimore tax appeals court erred when it refused to include a vacant lot as one of the venues of the Assessment District number for a commercial property in a housing development. The Maryland Supreme Court affirmed the decision in a 7-to-one ruling. In that decision, the court said that because the vacant lot was not a part of the housing project, the vacant lot should not be included in the calculation of taxable sales. In one case, the Appeals Court said that a Baltimore police officer was not entitled to a bonus based on an unfair employment practice because that practice did not relate to his performance as a police officer. In those cases, the Appeals Court said that the Maryland Commission on Human Rights was not within its jurisdiction because those cases involved state law and the Maryland State Board of Equalization was not responsible for enforcing federal law concerning equal employment opportunities.
