| Industry tax appeal cases
ongoing Jeremy Nash News-Herald.net An administrative law judge with the Tennessee State Board of Equalization in July ruled in favor of Tate & Lyle over a personal property tax assessment dispute for 2011 and 2012. The county has since appealed and is waiting for a hearing date to be set, Loudon County Property Assessor Mike Campbell said. A hearing was held in November on Tate & Lyle’s real property, which should be determined in a matter of weeks.
County and Kimberly-Clark
representatives met in September
for a hearing on real property
from 2011-13, which resulted in
a November decision of $35.7
million from the Assessment
Appeals Commission.
“There is a final decision in
order on Kimberly-Clark and
we’re waiting on the final
certificate,” Campbell said.
“There’s a time period that is
allowed for any rebuttal and
appeals. There’s a couple little
minor appeals that are available
to that decision, but we
anticipate the final certificate
on Kimberly-Clark probably in
the next three weeks, four
weeks, somewhere in that
timeframe, next 30 days.”
Loudon County Mayor Rollen
“Buddy” Bradshaw said the
Kimberly-Clark ruling, although
not completely in favor of the
county, could have been “a lot
worse.”
“The rulings came down for
Kimberly-Clark and both sides
lost a little bit,” Bradshaw
said. “They were closer to what
we felt like — we still believe
we’re 100 percent right. It was
closer to where we were than
where they wanted to be, and so
we’re kind of looking at the
appeal process and deciding if
they’re going to appeal and kind
of play by ear from there.”
Ultimately, Campbell said he
believes both cases will make
their way to chancery court if
no resolution is made, with
Kimberly-Clark being the first
to be heard.
“The assessed values of all the
involved real and personal
property are part of the public
records of my office,” Campbell
said. “There is a very large
difference of opinion between
Loudon County and Kimberly-Clark
and Tate & Lyle regarding the
value of the involved real and
personal property. For example,
evidence presented by my office
in front of the Assessment
Appeals Commission showed that
the real property of
Kimberly-Clark was valued at
$39.5 million. Kimberly-Clark
presented evidence the value was
$9.7 million. The Assessment
Appeals Commission found the
value to be $35.7 million.
“I expect this decision to be
appealed to chancery court in
the near future,” he added.
Campbell said the uncertainty
from these appeals is
“enormous,” noting there is a
$292,822.40 difference in the
2011 property tax for
Kimberly-Clark real property
when compared to the Assessment
Appeal Commission’s finding.
“And that is per year on just
Kimberly-Clark real property,”
Campbell said. “The claimed
refund due for Tate & Lyle on
both the real and personal
property is substantially
higher.”
During a Jan. 9 Loudon City
Council meeting, board members
discussed the county’s valuation
of Tate & Lyle real property at
$51.5 million, while company
representatives deemed the
property roughly half that at
$26.7 million. The Assessment
Appeals Commission valued the
property at $42 million.
“It would cost us $(1.15)
million paying it back over the
six-year period,” Joe Ford, city
attorney, said during the
meeting.
Loudon City Mayor Jim Greenway
declined comment, but noted
“there’s some decisions to be
made” that will be in the hands
of lawyers.
“My opinion on the overall is
that we should continue to
appeal as far as we can,” Loudon
County Commissioner Van Shaver
said. “I strongly disagree with
their actions of appealing this
and it’s a lot of money, so I
think we’re in this for the long
haul as far as I’m concerned.”
Shaver said an executive session
was scheduled to be held on
Tuesday regarding the tax
appeals.
“We’ve got to depend on Mike
(Campbell) and whoever his
professionals are to advise us
and tell us what we need to do,”
Shaver said.
If the cases go to chancery
court, Campbell said he would
need approval from both Loudon
County Commission and Loudon
City Council to obtain more
funding.
“My budget does not allow for
additional appraisal experts and
legal fees,” Campbell said. “If
the company appeals the
decisions, we will defend our
position and there will be
additional expert testimony and
legal fees that will need to be
funded by the city and county.”
News-Herald staff writer
Heidi Lara contributed to this
report.
|
BACK
1/25/17