[DOWNLOAD] "Barry I. Pessin v. State Tax Commission" by Eastern District, Division Two Court of Appeals of Missouri ~ Book PDF Kindle ePub Free

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eBook details

• Title: Barry I. Pessin v. State Tax Commission
• Author : Eastern District, Division Two Court of Appeals of Missouri
• Release Date : January 08, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

Plaintiffs are partners and partnerships who own multi-unit housing complexes in St. Louis County, Missouri. Plaintiffs filed a four count petition seeking reclassification and then reassessment of these properties from commercial to residential. Commercial real estate is taxed at 32% of the assessed value, residential at 19%. Sections 137.016.1(1) & (3) and 137.115.5 RSMo 1986. The trial court determined that it could not reach the question of whether plaintiffs are entitled to reclassification because they failed to pursue and exhaust their administrative remedies by application to the St. Louis County Board of Equalization and, if necessary, appeal to the State Tax Commission of Missouri. For that reason the trial court dismissed the petition. We affirm. This case involves a dispute over 1992 real estate taxes. The amount in controversy is the difference between the amount of tax for plaintiffs' property as commercial and plaintiffs' property as residential. In November and December, 1991, plaintiffs complied with the provisions of the Condominium Property Act, §§ 448.005 to 448.210 RSMo 1986, by recording a declaration for condominiums for their apartments and a plat as required by §§ 448.030 and 448.040. Plaintiffs intended to convert apartments into condominiums and thereby make the property ""residential"" for purposes of taxation because of the definition of residential property in § 137.016.1(1) RSMo 1986. Condominiums are defined as residential properties.

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