NPTR: Alert #151: More on the January 7th Supreme Court Hearing

[Wayne Fischer]

*More on the January 7th Supreme Court Hearing*

*ALERT: *#151
*DATE:* December 13, 2007
*TO: *Incline Village & Crystal Bay Property Owners
*FROM: *Village League Tax Revolt Committee

*Dear Incline Village & Crystal Bay Property Tax Protesters,*

How would you like it if the Federal Government decided to retroactively 
raise our personal income tax rate by 10% and raised the long term 
capital gains tax rate from 15% to 18% for tax years, 2004, 2005, 2006 
and 2007?

How would our local businesses like it if the Nevada State Government 
decided early next year, to retroactively raise all business taxes by 8% 
for the last three tax years, 2005, 2006, and 2007?

This kind of action would cause chaos in our personal financial lives 
and the business financial issues.  We are lucky to live in the United 
States, where the past is past with respect to all kinds of taxes.  Two 
exceptions are fraud and usage of illegal appraisal methodologies.

*What I have just described is going to happen if the State Board of 
Equalization has its way.  And that is what the January 7th State 
Supreme Court Hearing is all about.*

By Nevada statutes, the Nevada State Board of Equalization shall 
complete the hearings and rulings on all tax issues by October 1st, of 
each fiscal tax year, (July 1 -- June 30).  These hearings conclude 
three months after the start of the current fiscal tax year. They are 
not allowed to go back to previous fiscal years to make tax rate 
adjustments.  This procedure has been in effect for over 25 years and 
has worked just fine.

The Washoe County Board of Equalization unanimously voted to rollback 
all Incline Village and Crystal Bay taxable land values to their 2002/03 
values for the tax year 2006/07, on March 8, 2006.   This vote was 
provisional upon the favorable ruling of the Nevada Supreme Court. The 
Washoe County Assessors filed an appeal to the State Board of 
Equalization to overturn the county board decision.

The 2006 State Board of Equalization chose not to rule on the Washoe 
County Assessor's Appeal in their April 1st through October 1st 
hearings.   By refusing to rule on this appeal, the Washoe County Board 
of Equalization decision in our favor to rollback the land values should 
legally stand per Nevada Statues.

In March of 2007, the State Board of Equalization suddenly decided to 
retroactively hear the Washoe County Assessor's 2006 Appeal.  They ruled 
in favor of the Assessor to deny the rollback of all Incline Village and 
Crystal Bay's property land value back to 2002/03, even though the 
Nevada Supreme Court ordered this to happen.

The above explanation is in essence the case before the Supreme Court in 
the hearing on January 7th.  In legal terminology, the *"Nevada State 
Board of Equalization does not have jurisdiction to both hear and make 
rulings on Tax Issues for previous tax years."*

I hope the above helps all of you understand what the issue is at the 
January 7th hearing and why this decision goes way beyond just Incline 
Village and Crystal Bay taxpayers.  *It has huge tax implications for 
all Nevada property taxes.*

A special thanks to Maryanne Ingemanson, for explaining the January 7th 
Supreme Court case to me in "Laymen's" terminology and for helping proof 
the above explanation.

Best Regards,
*Wayne Fischer, *Webmaster
Nevada Property Tax Revolt Web
www.NevadaPropertyTaxRevolt.org

===================

*Village League to Save Incline Assets Board Members:*
    * Maryanne Ingemanson, President
    * Dale Akers, Historian
    * Les Barta, Law Research
    * John Carney, Analyst
    * Wayne Fischer, Webmaster
    * Ted Harris, Tax Revolt Committee Chairman
    * Todd Lowe, Financial,
    * Chuck Otto, Public Relations
 
*Village League to Save Incline Assets, Inc.*
Non-Profit Corporation - FEIN 88-0399029
1165 Vivian Lane, Incline Village, NV 89451
Phone: 775-831-4011, Fax 775-831-0325
Email: mingemanson at charter.net

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