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Tahoe tax revolt files again with Nevada Supreme Court
By By Kevin MacMillan
North Lake Tahoe Bonanza | Tahoe.com
North Lake Tahoe Bonanza | Tahoe.com
A large Incline crowd gathered in January 2008 at the Nevada Supreme Court in Carson City.
INCLINE VILLAGE, Nev. — Incline Village’s fight against improper taxation regarding the 2006-07 tax year is once again back in the Nevada Supreme Court.
According to a motion filed Oct. 26 by the Village League to Save Incline Assets, the nonprofit group of Incline Village tax revolters is challenging a written decision handed down by the Nevada Department of Taxation, regarding a summer decision by the Nevada Board of Equalization to roll back assessed property values for 8,700 Incline Village/Crystal Bay properties to the 2002-2003 tax year.
The “motion to correct clerical errors” argues the state taxation department’s decision — signed by Executive Director Dino DiCiano — is faulty because it attempts to exclude certain taxpayers from receiving the refund granted by its board.
“By law, the Department acts only as the State Board’s staff. The department has no authority, legal or otherwise, to exercise its ‘judgment” as to which taxpayers should he included or excluded. To the extent the department’s written “decision” purports to make such exclusions, those clerical errors must he corrected and the decision conformed so that it “truly speaks” the actual determination made by the State Board.”
According to a motion filed Oct. 26 by the Village League to Save Incline Assets, the nonprofit group of Incline Village tax revolters is challenging a written decision handed down by the Nevada Department of Taxation, regarding a summer decision by the Nevada Board of Equalization to roll back assessed property values for 8,700 Incline Village/Crystal Bay properties to the 2002-2003 tax year.
The “motion to correct clerical errors” argues the state taxation department’s decision — signed by Executive Director Dino DiCiano — is faulty because it attempts to exclude certain taxpayers from receiving the refund granted by its board.
“By law, the Department acts only as the State Board’s staff. The department has no authority, legal or otherwise, to exercise its ‘judgment” as to which taxpayers should he included or excluded. To the extent the department’s written “decision” purports to make such exclusions, those clerical errors must he corrected and the decision conformed so that it “truly speaks” the actual determination made by the State Board.”
Case history
A July 20 decision by the Nevada Board of Equalization affirmed a previous decision handed down by the Washoe County Board of Equalization, ordering Washoe County to roll back taxes. The ruling was based on a case involving the 2006-2007 tax year, in which the Washoe County Assessor’s office challenged a Washoe County Board of Equalization decision to refund the Incline/Crystal Bay residents. The case eventually went to the state Supreme Court, which granted the state board jurisdiction to rule on the case.
An Oct. 6 ruling from Washoe County District Court Judge Brent Adams affirmed both the state and county rulings.
At that time, county treasurer Bill Berrum reiterated he would begin the refund process once Adams’ written decision and a written decision from the state taxation department regarding the July 20 ruling were filed.
It could take months to a year before refunds are sent up the hill, the county has said.
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