Crown Commc’n, Inc. v. Testa

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Appellant was subject to an increased personal-property tax assessment. The tax commissioner subsequently issued final-assessment certificates, which included instructions for appealing the assessment. Instead of instructing Appellant to appeal directly to the board of tax appeals, which is the correct procedure for appealing a final assessment, the commissioner instructed Appellant to petition for reassessment with the tax commissioner. Appellant subsequently filed a petition for reassessment. Instead of conducting a substantive review of the petition, the commissioner dismissed the petition because Appellant did not appeal to the Board of Tax Appeals (BTA). The BTA affirmed the dismissal. The Supreme Court reversed, holding that the BTA erred in determining that Appellant had committed a fatal procedural error when it followed the appeal instructions given by the tax commissioner. Remanded with instructions to issue a final determination that addresses the assessment on the merits. View "Crown Commc'n, Inc. v. Testa" on Justia Law