David & Mary Rothweiler v. Bishop (Lincoln)

June 25th, 2013

State Tax Commission of Missouri




Complainants, )


v. ) Appeal No. 12-66003





Respondent. )






The assessment made by the Assessor is SET ASIDE. Complainants presented substantial and persuasive evidence to establish the true value in money for the subject automobiles as of 1/1/12.

True value in money for Complainants’ personal property in Assessor’s Account 021000002433 is set at $8,615, assessed value of $2,870

Complainant David Rothweiler appeared pro se.

Respondent appeared pro se.

Case heard and decided by Senior Hearing Officer W. B. Tichenor.


Complainants appeal the valuation of Complainants’ automobiles. The Commission takes this appeal to determine the true value in money for the subject motor vehicles on

January 1, 2012. The Hearing Officer, having considered all of the competent evidence upon the whole record, enters the following Decision and Order.


1. Jurisdiction.[1] Jurisdiction over this appeal is proper. Complainants timely appealed to the State Tax Commission.

2. Evidentiary Hearing. The Evidentiary Hearing was conducted on May 1, 2013, at the Lincoln County Courthouse, Troy, Missouri. Hearing was recorded, but not transcribed.

3. Subject Property. The subject property consists of three automobiles: 2000 Chevrolet Silverado 1500; 2001 Oldsmobile and 2005 Chevrolet Trailblazer EX. The property is the list of automobiles identified in Assessor’s Account 021000002433.[2] The Assessor’s Account also lists a 12 foot utility trailer the value ($390) of which was not appealed.

4. Assessment.[3] The Assessor assessed the 2000 Chevrolet Silverado 1500 at $1,630 (appraised value – $4,890); the 2001 Oldsmobile at $560 (appraised value – $1,680) and the 2005 Chevrolet Trailblazer EX at $2,080 (appraised value of $6,240).

5. Complainant’s Evidence. The following exhibits were received into evidence:




MO Motor Vehicle Inspection (Trailblazer)


Esurance Estimate of Record, 5/3/10 loss (Trailblazer)


Esurance Estimate of Record, 2/8/11 loss (Trailblazer)

D – H

Pictures of Damage (Trailblazer)


NADA Points to Consider


NADA January 2012 Listing (Trailblazer)


NADA January 2012 Mileage Table (Trailblazer)


Mo. Sales Tax Certificate (Alero)

M – Q

Pictures of Damage (Alero)


MO Motor Vehicle Inspection (Alero)


NADA January 2012 Listing (Alero)


NADA January Mileage Table (Alero)


Original Motor Vehicle Title Receipt (Silverado)

V – Z

Pictures of Damage (Silverado)


MO Motor Vehicle Inspection (Silverado)


NADA January 2012 Listing (Silverado)


NADA January 2012 Mileage Table (Silverado)


Complainant’s Letter 3/4/07


6. Complainants’ Proposed Values: The Complainants proposed the following values for the automobiles: 2000 Chevrolet Silverado 1500 – $2,575 (assessed value – $860); the 2001 Oldsmobile – $400 (assessed value – $130) and the 2005 Chevrolet Trailblazer EX – $5,250 (assessed value $1,750).

7. Respondent’s Evidence. The following exhibits were received into evidence:



1 & 2

2012 Personal Property Assessment List – Acc. 021000002433


Vanguard Appraisals Item Value Summary – Acc. 021000002433

4 – 7

Vanguard Appraisals Value Guides – Vehicles Under Appeal

8 – 10

NADA OnLine Loopup – 10/11 – Value


Section 137.115, RSMo


Statement of Basis of Value (Letter dated 1/22/13)


At the conclusion of the presentation of Complainants’ evidence, Respondent agreed that the values of the subject vehicles should be reduced as advocated by Complainants.

8. Concluded Value. The true values in money of Complainants’ motor vehicles are: 2000 Chevrolet Silverado 1500 – $2,575 (assessed value – $860); the 2001 Oldsmobile – $400 (assessed value – $130) and the 2005 Chevrolet Trailblazer EX – $5,250 (assessed value $1,750). See, Hearing Officer Finds Value, infra.



The Commission has jurisdiction to hear this appeal and correct any assessment which is shown to be unlawful, unfair, arbitrary or capricious. The hearing officer shall issue a decision and order affirming, modifying or reversing the determination of the board of equalization, and correcting any assessment which is unlawful, unfair, improper, arbitrary, or capricious.[4]

Basis of Assessment

The Constitution mandates that real property and tangible personal property be assessed at its value or such percentage of its value as may be fixed by law for each class and for each subclass.[5] The constitutional mandate is to find the true value in money for the property under appeal. By statute real and tangible personal property is assessed at set percentages of true value in money.[6]

Standard for Valuation

Section 137.115, RSMo, requires that property be assessed based upon its true value in money which is defined as the price a property would bring when offered for sale by one willing or desirous to sell and bought by one who is willing or desirous to purchase but who is not compelled to do so.[7] True value in money is defined in terms of value in exchange and not value in use.[8] It is the fair market value of the subject property on the valuation date.[9] Market value is the most probable price in terms of money which a property should bring in competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeable and assuming the price is not affected by undue stimulus.

Implicit in this definition are the consummation of a sale as of a specific date and the passing of title from seller to buyer under conditions whereby:

1. Buyer and seller are typically motivated.


2. Both parties are well informed and well advised, and both acting in what they consider their own best interests.


3. A reasonable time is allowed for exposure in the open market.


4. Payment is made in cash or its equivalent.


5. Financing, if any, is on terms generally available in the Community at the specified date and typical for the property type in its locale.


6. The price represents a normal consideration for the property sold unaffected by special financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction.[10]

Recommended Guide for Automobile Valuation

The assessor of each county and each city not within a county shall use the trade-in value published in the October issue of the National Automobile Dealers’ Association Official Used Car Guide, or its successor publication, as the recommended guide of information for determining the true value of motor vehicles described in such publication. In the absence of a listing for a particular motor vehicle in such publication, the assessor shall use such information or publications which in the assessor’s judgment will fairly estimate the true value in money of the motor vehicle.[11]

Hearing Officer Finds Value

In order to prevail, Complainants must present an opinion of market value and substantial and persuasive evidence that the proposed value is indicative of the market value of the subject property on January 1, 2011.[12] There is no presumption that the taxpayer’s opinion is correct. The taxpayer in a Commission appeal still bears the burden of proof. The taxpayer is the moving party seeking affirmative relief. Therefore, the Complainant bears the burden of proving the vital elements of the case, i.e., the assessment was “unlawful, unfair, improper, arbitrary or capricious.”[13] A valuation which does not reflect the fair market value (true value in money) of the property under appeal is an unlawful, unfair and improper assessment.

Substantial evidence can be defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.[14] Persuasive evidence is that evidence which has sufficient weight and probative value to convince the trier of fact. The persuasiveness of evidence does not depend on the quantity or amount thereof but on its effect in inducing belief.[15]

The Complainants evidence met the standard of substantial and persuasive to establish the values proposed for the three automobiles, as concurred in by Respondent at the evidentiary hearing.


The assessed valuation for the subject motor vehicles as determined by the Assessor for the subject tax day is SET ASIDE.

The total assessed value for Account Number 021000002433 for tax year 2012 is set at $2,870.[16]

Application for Review

A party may file with the Commission an application for review of this decision within thirty days of the mailing date set forth in the Certificate of Service. The application shall contain specific facts or law as grounds upon which it is claimed the decision is erroneous. Said application must be in writing addressed to the State Tax Commission of Missouri, P.O. Box 146, Jefferson City, MO 65102-0146, and a copy of said application must be sent to each person at the address listed below in the certificate of service.

Failure to state specific facts or law upon which the application for review is based will result in summary denial. [17]

Disputed Taxes

The Collector of Lincoln County, as well as the collectors of all affected political subdivisions therein, shall continue to hold the disputed taxes pending the possible filing of an Application for Review, unless said taxes have been disbursed pursuant to a court order under the provisions of Section 139.031.8, RSMo.

Any Finding of Fact which is a Conclusion of Law or Decision shall be so deemed. Any Decision which is a Finding of Fact or Conclusion of Law shall be so deemed.

SO ORDERED June 25, 2013.



W. B. Tichenor

Senior Hearing Officer

Certificate of Service


I hereby certify that a copy of the foregoing has been mailed postage prepaid on this 25th day of June, 2013, to: David Rothweiler, 115 Blarney Drive, Foley, MO 63347, Complainant; Leah Askey, Prosecuting Attorney, P.O. Box 319, 45 Business Park Drive, Troy, MO 63379, Attorney for Respondent; Kevin Bishop, Assessor, 201 Main Street, Troy, MO 63379; Crystal Hall, Clerk, 201 Main Street, Troy, MO 63379; Jerry Fox, Collector, 201 Main Street, Troy, MO 63379.


Barbara Heller

Legal Coordinator

Contact Information for State Tax Commission:

Missouri State Tax Commission

301 W. High Street, Room 840

P.O. Box 146

Jefferson City, MO 65102-0146


573-751-1341 Fax

[1] 12 CSR 30-3.010(1) (B) 1


[2] Exhibit 3


[3] Exhibit 3


[4] Article X, Section 14, Mo. Const. of 1945; Sections 138.430, 138.431, 138.431.4, RSMo.


[5] Article X, Sections 4(a) and 4(b), Mo. Const. of 1945


[6] Section 137.115.5, RSMo


[7] St. Joe Minerals Corp. v. State Tax Commission, 854 S.W.2d 526, 529 (Mo. App. E.D. 1993); Missouri Baptist Children’s Home v. State Tax Commission, 867 S.W.2d 510, 512 (Mo. banc 1993).


[8] Daly v. P. D. George Company, et al, 77 S.W.3d 645, 649 (Mo. App E.D. 2002), citing, Equitable Life Assurance Society v. STC, 852 S.W.2d 376, 380 (Mo. App. 1993); citing, Stephen & Stephen Properties, Inc. v. STC, 499 S.W.2d 798, 801-803 (Mo. 1973).


[9] Hermel, supra.


[10] Real Estate Appraisal Terminology, Society of Real Estate Appraisers, Revised Edition, 1984; See also, Real Estate Valuation in Litigation, J. D. Eaton, M.A.I., American Institute of Real Estate Appraisers, 1982, pp. 4-5; Property Appraisal and Assessment Administration, International Association of Assessing Officers, 1990, pp. 79-80; Uniform Standards of Professional Appraisal Practice, Glossary.


[11] Section 137.115.9 RSMo


[12] Hermel, supra.


[13] See, Westwood Partnership v. Gogarty, 103 S.W.3d 152 (Mo. App. E.D. 2003); Daly v. P. D. George Co., 77 S.W.3d 645 (Mo. App. E.D. 2002); Reeves v. Snider, 115 S.W.3d 375 (Mo. App. S.D. 2003). Industrial Development Authority of Kansas City v. State Tax Commission of Missouri, 804 S.W.2d 387, 392 (Mo. App. 1991).


[14] See, Cupples-Hesse, supra.

Substantial and persuasive evidence is not an extremely high standard of evidentiary proof. It is the lowest of the three standards for evidence (substantial & persuasive, clear and convincing, and beyond a reasonable doubt). It requires a small amount of evidence to cross the threshold to rebut the presumption of correct assessment by the Board. The definitions, relevant to substantial evidence, do not support a position that substantial and persuasive evidence is an extremely or very high standard.

“Substantial evidence: Evidence that a reasonable mind would accept as adequate to support a conclusion; evidence beyond a scintilla.” Black’s Law Dictionary, Seventh Edition, p. 580.

The word scintilla is defined as “1. a spark, 2. a particle; the least trace.” Webster’s New World Dictionary, Second College Edition. Black’s definition at 1347 is “A spark or trace <the standard is that there must be more than a scintilla of evidence>.” There must be more than a spark or trace for evidence to have attained the standard of substantial. Once there is something more than a spark or trace the evidence has reached the level of substantial. Substantial evidence and the term preponderance of the evidence are essentially the same. “Preponderance of the evidence. The greater weight of the evidence; superior evidentiary weight that, though not sufficient to free the mind wholly from all reasonable doubt, is still sufficient to incline a fair and impartial mind to one side of the issue rather than the other.” Black’s at 1201. Substantial evidence is that a reasonable mind would accept as adequate to support the conclusion. Preponderance is sufficient to incline a fair and impartial mind to one side of the issue rather than the other, i.e. support the proposed conclusion.


[15] Brooks v. General Motors Assembly Division, 527 S.W.2d 50, 53 (Mo. App. 1975).


[16] 3 motor vehicles & 12’ trailer


[17] Section 138.432, RSMo.