State v. Stimson (Lawyers Weekly No. 011-124-16, 9 pp.) (Rick Elmore, J.) Appealed from Henderson County Superior Court (Mark Powell, J.) N.C. App. Holding: Even though revenue stamps were affixed to some of the marijuana plants seized from defendant’s property, ...

Tagged with: Taxation

In re Appeal of Parkdale Mills (Lawyers Weekly No. 15-07-0304, 15 pp.) (Wanda Bryant, J.) (Chris Dillon, J., concurring) Appealed from the Property Tax Commission. N.C. App. Holding: In the last appeal in this case, the court said that, upon ...

Tagged with: Taxation Valuation

In re Appeal of King (Lawyers Weekly No. 14-16-0780, 9 pp.) (Douglas McCullough, J.) Appealed from the Property Tax Commission. N.C. App. Unpub. Holding: The Property Tax Commission’s recitation of the parties’ evidence and positions is inadequate to explain how ...

Tagged with: Taxation

Broughton v. County Commission Since plaintiff was challenging the valuation of her Wake County real property for tax purposes, the county was the proper defendant.

Tagged with: Civil Practice Real Party in Interest Real Property Taxation

In re Appeal of NC Yadkin House, LLC Although legal title to the apartment complex in question resides with the appellant N.C. limited liability company, “ownership” of the complex may be imputed to the parent corporation, an organization recognized by the IRS as nonprofit.

Tagged with: Real Property Taxation

Delhaize America, Inc. v. Lay The state Department of Revenue did not violate plaintiff’s procedural due process rights by forcing a combination of plaintiff and its subsidiary’s earnings, pursuant to G.S. § 105-130.6.

Tagged with: Constitutional Corporate notice Taxation

In re Appeal of IBM Credit Corp. Even if we were to remand this case (for a third time), the Property Tax Commission would be well within its authority to find, yet again, that the taxpayer’s evidence is not “reliable” or “credible.” Even if the Commission rejects the taxpayer’s evidence, the taxpayer still wins because the county did not meet its burden of proof.

Tagged with: burden of proof Personal Property Taxation Valuation

U.S. v. Jinwright A couple who served as co-pastors of a North Carolina church are convicted of tax evasion for omitting millions of dollars of taxable income from their jointly filed tax returns; the 4th Circuit rejects the taxpayers’ claims that they did not “knowingly” underreport their income.

Tagged with: Criminal Practice Tax Evasion Taxation

Starnes v. Comm’r of Internal Revenue Four former owners of a trucking business who sold their stake to a company that in turn sold it to another buyer, without following through on an agreement to pay taxes the former owners owed on the sale proceeds, do not have to pay the back taxes to the IRS; the 4th Circuit upholds a Tax Court decision that the IRS could not collect from the former owners because, under the controlling state law, a creditor of the buyer company could not recover on the buyer’s company debts.

Tagged with: Corporate Taxation

In re Appeal of David H. Murdock Research Institute Even though the respondent-county filed a motion to dismiss while the petitioner-nonprofit filed materials in support of its late application for a tax exemption, the Property Tax Commission was not required to hold separate hearings.

Tagged with: Civil Practice Taxation