Tax Abatement

  • What is a tax abatement">

          Tax Abatement

    • What is a tax abatement, you may ask. A tax abatement is when a taxing board grants a taxpayer a stay of paying a tax for a short or long term, for a total or percentage of the tax. They are given for any reason, like for the building of a new building to increase employment. A company having financial problems. Non profit groups, "churches, boy scout camp sites, etc". I have found private homes for questionable reasons. 
    • How do you get a property tax abatement? First you file a F.O.I.A. " Freedom of Information act." File it with your taxing board. (Township, city, county or state) The question you ask is; "Requesting to see the records of property that is now or in the past that have received tax abatements." Pick out the ones that have been given the most and the longest time. Get copies of the ones you want. There may be a charge for copying. They, by law have to give you the information.
    • Now that you have the copies in your hand, copy the first five or six pages of each of the U.S. Supreme Court cases in this section or any other ones you may find elsewhere. Read these cases very carefully, you will have to know what they mean. They are cases where the Supreme Court has said, they cannot do for one and not the other. You are the other. Get copies of the Fifth and Fourteenth amendment, they refer to this. If you do not understand them, get someone to help you who does. Now make two copes of all the documents you have. The copies will go to the tax assessor. One for the assessor and the other for their attorney. You now have the material you need to get your tax abatement.
    • At this point if you are not competent to do this, STOP HERE!!!! If you do not do it right, you will NOT get your tax abatement. If you are not ready to go to court if you fail, STOP NOW.
    • Go to the taxing authority and confront them with what you have. Ask for the rebate of your choice. give them copies of the material you have collected. It makes no difference why they gave the abatement to someone else, they still have to give one to you. Let them know if you go to court and win, everyone will be able to get one. Is the chance worth it? 
    • You are entitled to any privilege they give to any other citizen. 

    Slaughter-House cases. 83 U.S. 36., (1872) 

    • Here is a case that has four cases in one. It talks about prohibiting people from using their land, and giving that right to a corporation. The government cannot take a right from you and give it to another. Part of the case, was New Orleans had set up a large area to slaughter farm animals. This gave the corporation the exclusive right to slaughter all farm animals in the parishes of Orleans, Jefferson, and St. Bernard. And a land owner could not sell animals or produce from his private land.
    • This is a 5th and 14th Amendment and Article 1 section 10 VIOLATION. "No Title of Nobility shall be granted"

    GIBBONS v. OGDEN, 22 U.S. 1 (1824)

    • The acts of the Legislature of the State of New York, granting to Robert R. Livingston and Robert Fulton the exclusive navigation of all the waters within the jurisdiction of that, with boats moved by fire or steam, for a term of years.

    Lakewood v. Plain Dealer Publishing Co,. 486 U.S. 750 (1988)

    • Here we find another pick and choose as to who will get the favors of the government.

    Columbia v. Omni Outdoor Advertising  449 U.S. (1991)

    • The city fathers wanted to have one sign company to put up all of the signs in the City of Columbia, South Carolina. So this is another loss for the great leaders of our local government. They don't seem to realize our U. S. Constitution is for equality, and not a buddy system. 

    Leathers v. Medlock,. 499 U.S. 439 (1991)

    • Another case of playing favorites. This one is about taxes. It seems that the state of Arkansas wanted to charge Mr. Medlock taxes on his cable television subscribers and not on newspapers and magazines. They all three entertain, give out news, do advertising so they should pay equal taxes. Newspapers and magazines could do good for elected officials. If your taxing authority is giving a land owner a free ride and charging you. If you are paying property taxes, I think you should put yourself in Mr. Medlock's place and get what is yours. There is no lawful law that allows discrimination.