Opinion

In re Appeal of Philip Morris U.S.A.

  • 130 N.C. App. 529
Court
Court of Appeals of North Carolina
Filed
Aug 18, 1999
Status
Published
Author
Martinmark
On the bench
John, Mark, Martin, Walker
Cited by
1 cases

The opinion

Judge Martin, Mark D.,

concurring.

On 24 June 1994 the Cabarrus County Tax Assessor advised the taxpayer that the real property associated with its Cabarrus County facility had a value, as of 1 January 1994, of $266,875,870.

On appeal to the Cabarrus County Board of Equalization and Review, the taxpayer’s real property was assessed, as of 1 January 1994, at $302,122,140, a 13% increase from the Cabarrus County Tax Assessor.

Finally, on appeal to the North Carolina Property Tax Commission, the Commission entered a final decision on 18 March 1997 assessing the value of the real property as of 1 January 1994 at $335,686,000, a 25% increase from the original assessment.

Notwithstanding the de novo nature of administrative tax appeals, the perception left by the present case, whether warranted or unwarranted, is that the taxpayer was punished for exercising its legal right of administrative review. Nevertheless, I discern no legal error and therefore concur in the majority opinion.

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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