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06-F Tax Proposal - McCreary
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06-F Tax Proposal - McCreary
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Last modified
9/12/2012 10:57:15 AM
Creation date
11/5/2001 5:47:56 PM
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Template:
AGENDA
Item Number
6-F
AGENDA - Type
PROPOSAL
Description
McCreary, Veselka, Bragg & Allen, PC
AGENDA - Date
11/12/2001
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affidavits submitted at the trial court were insufficient to establish a case, that the trial court <br />should have granted its motion for continuance, that certain taxes were barred by the statute <br />of limitations, that other taxes were barred by the doctrine of res judicata, that the description <br />of the personal property on the tax roll was insufficient, that insufficient notice of the taxation <br />was made, that the CED did not properly intervene in the case, and several other more <br />spurious matters. The court of appeal upheld the judgment of the trial court on all points <br />for MVBA clients county and school district. The judgment for the city was reversed due <br />to an insufficient tax affidavit. The state Supreme Court denied writ of error. <br />92-8244, Smith v. Travis County Education District, 968 F.2d 453, (Sth Cir. 1992): <br />MVBA participated with several other firms in the trial and appeal of the federal challenge <br />to the collection of CED taxes. The federal district court ruled against the CEDs but <br />stayed the effectiveness of its ruling. Both sides appealed to the Fifth Circuit where that <br />court reversed in favor of the CEDs. <br />No. 08-90-00164-CV, General Electric Credit Corporation v. Midland Central Ap- <br />praisal District and Appraisal Review Board of Midland Central Appraisal District, <br />and Freestone County Appraisal District and the Freestone County Appraisal Review <br />Board, 808 S.W.2d 169 (Tex.App.-El Paso 1991) Judgment modified in 826 S.W.2d 124 <br />(Tex.1991) <br />GECC owned an aircraft which spent considerable time in both Midland and Freestone <br />Counties. Both appraisal districts placed the aircraft on their respective tax rolls. GECC did <br />not file a protest with the ARB of either county, but simply sued both in district court. The <br />court of appeals held that GECC was required to follow its administrative remedies pursuant <br />to Chapter 41 of the Texas Property Tax Code in both counties. The Court of Appeals also <br />sanctioned GECC approximately $60,000 for a frivolous appeal. The Supreme Court reversed <br />these sanctions, but upheld the appellate court's decision regarding following administrative <br />remedies. <br />No. 07-88-0284-CV, S. M. Ferguson, Jr. and S. M. Ferguson, Jr., Inc. v. Chillicothe <br />Independent School District, 798 S.W.2d 395 (Tex.App.-Amarillo 1990, writ den'd) <br />Ferguson sued the Hardeman County Appraisal District and others concerning the appraisal of <br />his property located within Chillicothe Independent School District. However, Ferguson failed <br />to make timely payment of the ad valorem taxes pursuant to Tex. Prop. Tax Code §42.08. <br />Later, he attempted to make a payment of the taxes and claimed that he had substantially <br />complied with §42.08. The court of appeals held that compliance with §42.08 is determined <br />as of the date of delinquency, and that any delinquency in payment would subj ect the property <br />owner to having his appraisal district suit dismissed pursuant to §42.08. <br />McCreary, Veselka, Bragg & Allen <br />39 <br />
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