Opinion

Cress v. Multnomah County Assessor

Court
Oregon Tax Court
Filed
Dec 16, 2011
Status
Unpublished
Cited by
0 cases

The opinion

IN THE OREGON TAX COURT

MAGISTRATE DIVISION

Property Tax

CHRISTINE CRESS, )

)

Plaintiff, ) TC-MD 110347C

)

v. )

)

MULTNOMAH COUNTY ASSESSOR, )

)

Defendant. ) DECISION

This matter is before the court on Defendant‟s Motion to Dismiss Claims Relating to the

2007/08 Tax Year, and Motion to Adjust 2010/11 RMV (Motion). Defendant filed that Motion

November 8, 2011, in response to Plaintiff‟s filing of an Amended Complaint (per the court‟s

instruction to Plaintiff) on November 1, 2011, seeking “correction and reduction of certain

property tax assessments” under ORS 305.288 for tax years 2007-08 and 2010-11. (Ptf‟s

Amended Compl at 1.)

The appeal involves property value assessments for tax years 2007-08 and 2010-11,

related to certain residential property identified in the assessor‟s records as Account R220994,

and the taxes related thereto. Plaintiff is represented by Beth Allen, an Oregon attorney and co-

owner of the subject property.1 Defendant is represented by Scarlet Weigle and Ron Patton,

appraisers with the Multnomah County Assessor‟s office.

1. Tax year 2010-11

As to one of those tax years (2010-11), the parties are in agreement that the real market

value (RMV) should be reduced to $582,000. (Ptf‟s Amended Compl at 8; Def‟s Motion at 2.)

The court accepts that stipulated value. The appeal for that tax year is therefore moot and can be

dismissed.

1

Page one of the original Complaint indicates that Plaintiff Cress purchased the property in August 2006

and that “Beth A. Allen („Allen‟) later also became an owner of the property.” (Ptf‟s Compl at 1, filed April 11,

2011.)

DECISION TC-MD 110347C 1

2. Tax year 2007-08

The other tax year at issue is 2007-08. Plaintiff asserts jurisdiction under ORS 305.2882

and estoppel. For the reasons set forth below, the court does not have jurisdiction to hear a

request for any adjustments to the value of the subject property for that tax year.

The salient facts pled by Plaintiff regarding jurisdiction and estoppel are as follows.

Plaintiff purchased the subject property on or about August 30, 2006 for $740,000. (Ptf‟s

Amended Compl at 1.) That purchase was made in the second month of the 2006-07 tax year,

which began on July 1, 2006. See ORS 308.007 (2005). Plaintiff received a Real Property Tax

Statement for the 2006-07 tax year on or about October 2006. The values appearing on that tax

statement for the 2006-07 tax year were $463,610 RMV and $345,940 assessed value (AV).

(Ptf‟s Tax Yr 2007-08 Real Property Tax Statement, filed May 6, 2011.) Plaintiff did not

challenge those values by filing any petitions or complaints, etc., with any of the relevant

adjudicative authorities.

There was a significant increase in the values of the property for the 2007-08 tax year.

The RMV was increased from $463,610 to $739,300. (Id.) The AV was increased from

$345,940 to $406,940. (Id.) That increase in AV exceeds the typical three percent annual AV

increases provided in ORS 308.146.

Plaintiff at some point filed a petition with the county board of property tax appeals

(Board), seeking value reductions for the 2007-08 tax year. (Ptf‟s Response to Motion to

Dismiss at 1.) It appears that that petition was filed on or after January 2008, because Plaintiff

indicates in the Amended Complaint that she contacted the assessor‟s office about the value

increase in October 2007, and then again after talking to her accountant in January 2008. (Ptf‟s

Amended Compl at 4.) The Board refused to make any value adjustments.3 Plaintiff does not

2

Unless otherwise noted, all references to the Oregon Revised Statutes (ORS) are to 2009.

3

That assertion appears in Plaintiff‟s original Complaint where Plaintiff indicates that “her appeal was

rejected [by BOPTA] without comment as to reasoning.” (Ptf‟s Compl at 7.)

DECISION TC-MD 110347C 2

assert, nor is there any indication, that Plaintiff challenged the Board‟s determination by filing an

appeal with this court, or otherwise pursuing the matter with a competent body with jurisdiction

over property assessment and taxation.

a. ORS 305.288

Turning first to Plaintiff‟s claim for relief under ORS 305.288, the court‟s broadest

authority under either subsection (1) or (3) is the “current” tax year and either, or both, of the two

immediately preceding tax years. This appeal was originally filed in April 2011, which was

during the 2010-11 tax year. Accordingly, the two immediately preceding tax years were 2009-

10 and 2008-09. The 2007-08 tax year is beyond that three-year statutory window. Accordingly,

the court lacks jurisdiction to consider the matter under ORS 305.288.

b. Estoppel

This court has previously outlined the requirements for estoppel in Tax Court cases as

follows:

“Under normal circumstances, equitable estoppel requires each of the following:

“(1) A „false representation;‟

“(2) Made by a party with knowledge of the facts;

“(3) To a party that is ignorant of the truth;

“(4) „With the intention that it should be acted upon‟ by the listener; and

“(5) Inducement of the listener to act on the statement.

“However, additional limits on equitable estoppel apply in tax cases. Thus, in

addition to the factors laid out above, to merit estoppel * * * taxpayer must also

show the following:

“(1) „Proof positive‟ that the [County] misinformed taxpayer regarding

[her MAV question];

“(2) That taxpayer had „a particularly valid reason for relying on the

misinformation;‟ and

“(3) „That it would be inequitable to a high degree‟ to require taxpayer to

meet his actual tax liability.”

Downer v. Dept. of Rev., TC No 4952, WL 2037643 at *5 (May 2011) (citations omitted). As

applicable to this case, Plaintiff must show “proof positive” of a “false representation” regarding

Plaintiff‟s tax year 2007-08 MAV increase, and Plaintiff‟s “particularly valid reason for relying

on the misinformation.”

DECISION TC-MD 110347C 3

According to the documents filed by Plaintiff, she purchased the property in August

2006. A flyer posted on the property in July 2006, the month before Plaintiff‟s purchase, “stated

that there had been „[quality updates throughout, from kitchen to baths to hardwoods and Devine

paint.‟ ” (Ptf‟s Amended Compl at 1-2.) The flyer also mentioned a fully remodeled kitchen.

(Id. at 2.)

Plaintiff alleges she contacted the assessor‟s office in October 2007 to inquire about the

substantial increase in taxes. (Id. at 4.) Plaintiff indicates that, in response to her call, she was

told “that there were permits for $100,000 worth of work in 2006, „so there is nothing you can do

about it.‟ ” (Id.) Plaintiff asserts in her Response that during that October 2007 telephone call,

“[s]he was told by the authorized tax officer that there were „permits‟ for $98,140 worth of work

in 2006.” (Ptf‟s Resp at 3.) Plaintiff then asserts that she “reasonably believed it meant that the

Assessor had evidence that homeowners had taken out permits for and completed $98,140 in

construction work ” and that “[i]f there was a $98,140 worth of work completed there is nothing

you can do about it.” (Id. at 4.) Finally, Plaintiff states, both in her Amended Complaint and

again in her Response, that the statements made to her by tax assessment authorities in October

2007 “seemed odd since nothing in the house looked new except the interior paint.” (Ptf‟s

Amended Compl at 4; see Ptf‟s Resp at 4.)

Plaintiff goes on to indicate that in January 2008, her tax accountant questioned the

property tax increase, asking if she had done any major construction. (Ptf‟s Amended Compl at

4.) When Plaintiff explained to the accountant her earlier conversation with the employee at the

tax assessor‟s office and the fact that she had not done any work to the home, the accountant

encouraged Plaintiff to call the assessor‟s office again and explain the situation. (Id.) Plaintiff

indicates that she did in fact contact the assessor‟s office again later that month. (Id.) During

that conversation, Plaintiff alleges that she was told there was nothing she could do about the

///

DECISION TC-MD 110347C 4

MAV because it was “statutory,” but that she was nonetheless advised that “it might be worth

appealing the FMV just in case the MAV ever got higher.” (Id. at 5.)

Plaintiff is represented by an attorney. The attorney is a co-owner of the home that is the

subject of this appeal. Plaintiff acknowledges that the information she received from the local

tax authorities seemed “odd” because they were indicating that the large increase in value was

due to a considerable amount of work done to the home in 2006 when Plaintiff was certain there

was no work done since 2003. Moreover, among the instructions given to Plaintiff was a

statement by an employee of the assessor‟s office in January 2008 that “it might be worth

appealing.” While it was too late at that point to file a petition with the Board, Plaintiff could

have pursued the matter with the Tax Court. Although some of the tax jargon related to property

tax assessment involving any property, particularly property that has been remodeled (exception

value, MAV, etc.), can be a bit confusing, an appeal to the Tax Court in 2008 would have given

this court jurisdiction and afforded Plaintiff an opportunity to question the various changes made

by the Defendant regarding the value of her home and the increase in 2007. That may have

resulted in value reductions.

The court understands that while property tax statements may not include information on

appealing MAV – as Plaintiff notes throughout her filings with this court – the definitions are

available in the statutes. If Plaintiff was truly concerned, she and her co-owner could have gone

into the assessor‟s office and spoken with someone in person about the history of the property‟s

remodeling, her August 2006 purchase, and the increase in property values and taxes in 2007.

Such a visit would likely have been very informative and may well have led to a more timely

appeal and, possibly a reduction in values.

On the information before it, the court is unable to conclude that Plaintiff has established

the elements of estoppel sufficient to preclude Defendant from succeeding in its motion to

dismiss for lack of jurisdiction over the 2007-08 tax year. And, as indicated above, Plaintiff‟s

DECISION TC-MD 110347C 5

appeal was filed outside the three-year window provided in ORS 305.288; therefore, the court

lacks jurisdiction under that statute. Now, therefore,

IT IS THE DECISION OF THIS COURT that the real market value for the subject

property, identified as Account R220994, was $582,000 as of January 1, 2010 for the 2010-11

tax year.

IT IS FURTHER DECIDED that Plaintiff‟s appeal for the 2007-08 tax year is dismissed

for lack of jurisdiction as explained more fully above.

Dated this day of December 2011.

DAN ROBINSON

MAGISTRATE

If you want to appeal this Decision, file a Complaint in the Regular Division of

the Oregon Tax Court, by mailing to: 1163 State Street, Salem, OR 97301-2563;

or by hand delivery to: Fourth Floor, 1241 State Street, Salem, OR.

Your Complaint must be submitted within 60 days after the date of the Decision

or this Decision becomes final and cannot be changed.

This document was signed by Magistrate Dan Robinson on December 16, 2011.

The Court filed and entered this document on December 16, 2011.

DECISION TC-MD 110347C 6

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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