State Tax Commission of Missouri
v.) Appeal Number 07-62536
DON DAVIS, ASSESSOR,)
DECISION AND ORDER
Decision of the Jasper County Board of Equalization increasing the assessment made by the Assessor is SET ASIDE.Hearing Officer finds presumption of correct assessment rebutted. True value in money for the subject property for tax years 2007 and 2008 is set at $59,135, residential and agricultural (mixed use) assessed value of $11,020.
Complainant appeared pro se.
Respondent appeared by Counsel, Jeremy Crowley, Assistant Prosecuting Attorney.
Case heard and decided by Senior Hearing Officer W. B. Tichenor.
The Commission takes this appeal to determine the true value in money for the subject property on January 1, 2007.
Complainant appeals, on the ground of overvaluation, the decision of the Jasper County Board of Equalization, which increased the valuation of the subject property.The Assessor determined an appraised value of $61,975, assessed value of $11,560, as residential and agricultural property.The agricultural land use value was $2,560, assessed value of $310.The Board increased the value to $62,190, assessed value of $11,610.Complainant proposed a value of $50,000, assessed value of $9,500 on the residential portion in the Complaint for Review of Assessment.A hearing was conducted on February 6, 2008, at the Jasper County Courthouse Annex,Carthage,Missouri.
The Hearing Officer, having considered all of the competent evidence upon the whole record, enters the following Decision and Order.
Mr. Gibson testified as to his opinion of value of $47,000.This was based upon the purchase price for the property in 1976 of $31,000, plus $16,000 in repairs made over the years to the subject house.Complainant did not challenge the agricultural grading on 7.74 acres.The following exhibits offered by Complainant were received into evidence.
Exhibit AStatement dated September 10, 2007 to the Board of Equalization requesting a lowering of value on the subject property.
Exhibit BAerial photograph of the subject property.
Exhibit CAerial photograph showing flood plain areas on subject property.
Exhibit DProperty Record Card on subject with print date of September 7, 2007.
Exhibit EProperty Record Card on subject with print date of February 5, 2008.
Exhibit FStatement of Complainant dated February 6, 2008.
Respondent offered into evidence the appraisal report (Exhibit 1) of Ms. Christine Meadows, appraiser for Respondent.The appraiser testified as to her appraisal of the subject property.Exhibit 1 was received into evidence.Exhibit 1 concluded on a value for the subject property of $62,190 based upon a cost analysis.
FINDINGS OF FACT
1.Jurisdiction over this appeal is proper.Complainant timely appealed to the State Tax Commission from the decision of the Jasper County Board of Equalization.
2.The subject property is located at24665 Maple Road,Oronogo,Missouri.The property is identified by parcel number 07-1.2-11-00-000-006.000.
3.There was no evidence of new construction and improvement from January 1, 2007, to January 1, 2008.
4.Complainant’s evidence was substantial and persuasive to rebut the presumption of correct assessment by the Board.The area of the subject house valued as a basement on the Assessor’s record is nothing more than a dug out root cellar that adds no value to the home.Testimony of Complainant.Therefore the value attributable to a basement is to be removed from the cost calculation to arrive at the indicated fair market value.
5.The agricultural land value is $2,560, assessed value of $310.The value of the pole barn is $500, assessed value of $60.00.The residential land value is $10,000.The value of subject house is $46,075.The total residential value is $56,075, assessed value of $10,654.Exhibit 1.The total true value in money for the property is $59,135, assessed value of $11,020, mixed residential and agricultural assessment.
CONCLUSIONS OF LAW AND DECISION
The Commission has jurisdiction to hear this appeal and correct any assessment which is shown to be unlawful, unfair, arbitrary or capricious.Article X, section 14, Mo. Const. of 1945; Sections 138.430, 138.431, RSMo.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.Section 138.431.4, RSMo.
Presumptions In Appeals
There is a presumption of validity, good faith and correctness of assessment by the CountyBoardof Equalization.Hermel, Inc. v. STC, 564 S.W.2d 888, 895 (Mo. banc 1978); Chicago, Burlington & Quincy Railroad Co. v. STC, 436 S.W.2d 650, 656 (Mo. 1968); May Department Stores Co. v. STC, 308 S.W.2d 748, 759 (Mo. 1958).
The presumption of correct assessment is rebutted when the taxpayer presents substantial and persuasive evidence to establish that the Board’s valuation is erroneous and what the fair market value should have been placed on the property.Snider, Hermel & Cupples Hesse, supra.Complainant’s testimony rebutted the presumption of correct assessment.The valuation of the subject home as having a basement valued at $4,700, before depreciation and $3,055 after depreciation was in error.The actual structure under the home being more a root cellar adds no contributory value to the home and should not have been valued as a basement.
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.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).It is the fair market value of the subject property on the valuation date.Hermel, supra.
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.
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.
Complainant’s Burden of Proof
In order to prevail, Complainant 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, 2007.Hermel, Inc. v. State Tax Commission, 564 S.W.2d 888, at 897.Substantial evidence can be defined as such relevant evidence as a reasonable mind might accept as adequate to support a conclusion.See, Cupples-Hesse Corporation v. State Tax Commission, 329 S.W.2d 696, 702 (Mo. 1959).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.Brooks v. General Motors Assembly Division, 527 S.W.2d 50, 53 (Mo. App. 1975).See also, 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).
The owner’s testimony established an error in the calculation of the value of the subject home.The Hearing Officer recalculated the replacement cost new less depreciation for the subject house, accounting for there being no basement.See, Finding of Fact 5, supra.
The assessed valuation for the subject property as determined by the Board of Equalization forJasperCountyfor the subject tax day is SET ASIDE.
The assessed value for the subject property for tax years 2007 and 2008 is set at $11,020.
A party may file with the Commission an application for review of this decision within thirty (30) days of the mailing of such decision.The application shall contain specific grounds upon which it is claimed the decision is erroneous.Failure to state specific facts or law upon which the appeal is based will result in summary denial.Section 138.432, RSMo 2000.
If an application for review of this decision is made to the Commission, any protested taxes presently in an escrow account in accordance with this appeal shall be held pending the final decision of the Commission and an order to the Collector to release and disburse the impounded taxes.§139.031.3, RSMo.If no application for review is received by the Commission within thirty (30) days, this decision and order is deemed final and the Collector of Jasper County, as well as the collectors of all affected political subdivisions therein, shall disburse the protested taxes presently in an escrow account in accord with the decision on the underlying assessment in this appeal.If any or all protested taxes have been disbursed pursuant to Section 139.031(8), RSMo, either party may apply to the circuit court having jurisdiction of the cause for disposition of the protested taxes held by the taxing authority.
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 February 26, 2008.
STATE TAX COMMISSION OFMISSOURI
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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 26thday of February, 2008, to:Lawrence Gibson, 24665 Maple Road, Oronogo, MO 64855, Complainant; Dean Dankelson, Prosecuting Attorney, 601 Pearl, Room 100, Joplin, MO 64801, Attorney for Respondent; Donald Davis, Assessor, 302 S. Main Street, Carthage, MO 64836; Bonnie Earl, Clerk; Stephen Holt, Collector, Jasper County Courthouse, Carthage, MO 64836.