Key North Carolina Property Tax Decisions

keyhole.jpgIn this post, we do our best to list and link to selected North Carolina property tax decisions which we believe to be key to the area.  We also try to provide a brief description of what we think the case says.  Our goal is to regularly update this post as we become aware of new decisions worthly of inclusion.  If any of our readers are aware of a case that should be on this list but is missing, let us know in the comments or through the "Contact Us" tab and we will consider adding it.

 

 

  • AMP, Inc., 287 N.C. 547, 215 S.E.2d 752(1975)(Holding that ad valorem tax assessments are presumed to be correct, and that a taxpayer may rebut this presumption by producing competent material and substantial evidence that tends to show that (1) the taxing jurisdiction used an arbitrary or illegal mthod of valuation and (2) the assessment substantially exceeded the true value in money of the property).

 

  • IMB Credit Corp., 186 N.C.App. 223, 650 S.E.2d 828 (2007)(Clarifying that the taxpayer has the initial burden of production - not persuasion - to offer competent, material and substantial evidence that tends to show the taxing jurisdiction's appraisal relies on illegal or arbitrary valuation methods and substantially overstates true value).

 

 

    

  • S. Ry. Co., 313 N.C. 177, 328 S.E.2d 235 (1985)(Holding that once the taxpayer successfully rebuts the presumption of correctness of an ad valorem tax assessment, the burden of production and persuasion shifts to the taxing jurisdiction to prove that its methods would in fact produce true values).

 

Image Copyright Tom MaGliery. This work is licensed under the Creative Commons Attribution-Share Alike 2.0 Generic License.

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