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Consent   6.
Regular Board of Supervisors Meeting
County Attorney
Meeting Date:
03/26/2013
Title:
Approve Proposed Settlement of a Tax Appeal
Submitted By:
Annette Weems, County Attorney
Department:
County Attorney
Presentation:
No A/V Presentation
Recommendation:
Approve
Document Signatures:
BOS Signature NOT Required
# of ORIGINALS
Submitted for Signature:
0
NAME
of PRESENTER:
N/A
TITLE
of PRESENTER:
N/A
Docket Number (If applicable):
Mandated Function?:
Not Mandated
Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Approve the proposed settlement of the Tax Appeal in James R. Thompson and Audrey M. Thompson v. Cochise County, ST2012-000564 (Assessor parcel No. 202-42-017), now pending in Arizona Tax Court, a division of the Superior Court of and for Maricopa County.

Background:

Taxpayer filed a civil action in Arizona Tax Court asking for a reduction in assessed value from $33,110 to $13,706 for Tax Years 2012 and 2013. The County filed a Motion to Dismiss Tax Year 2012 as being untimely (filed past the deadline) which the Court granted on 20 November 2012. After inspecting the property, reviewing the taxpayer’s documentation and other market factors/comparables, the Assessor agrees that the property assessment for Tax Year 2013 should be lowered, and so recommended a settlement offer that lowers the full cash value to $22,000. The taxpayer accepted the settlement offer.

Fiscal Impact & Funding Sources: Not applicable, no funding sources are required. Fiscal impact will be a slight reduction in the tax base.

Department's Next Steps (if approved):

Upon approval by the Board, Counsel for the County will sign a Stipulation for Entry of Judgment that has already been signed by the taxpayer, and will submit a form of Judgment to the Arizona Tax Court disposing of this matter pursuant to the settlement terms.

Impact of NOT Approving/Alternatives:

Additional litigation for the County, with the risk that the Arizona Tax Court would rule in the taxpayer’s favor, reducing the assessed value of the subject property and subjecting the County to paying the Plaintiff’s fees and expenses.

To BOS Staff: Document Disposition/Follow-Up:

Advise County Attorney's Office - Civil Division upon Board's approval.

Attachments

No file(s) attached.