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Laura McCool Graham Petitioner V Township Of Peninsula, Sally A Murray Respondents · 26-002851-TT

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Page 1

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

PROPERTY TAX APPEAL ANSWER FORM

VALUATION / UNCAPPING APPEAL

MTT DOCKET NO. 26-002851

 

Respondent’s Contact Information:

Filer Type:

Individual

Local Unit of Government:

First Name

Sally

M.I.

A

Last Name

Murray

Mailing Address (No., Street, P.O. Box or Rural Route)

13235 Center Rd

City or Town

Traverse City

State

 Michigan

ZIP Code

49686

Telephone Number

2312237313

E-mail Address

assessor@peninsulatownship.com

 

 

Subject Property Information:

Are the parcels listed by Petitioner contiguous or adjoining? If no, list all parcels that are adjoining in separate groupings.

 *If necessary, attach a separate sheet.

N/A 

Does the subject property have a principal residence exemption of 50% or more?

Yes

 

Please Explain Your Answer to this Appeal:

Petitioner is appealing the uncapping. The uncap deed is attached, in which the "Petitioner's LLC" conveyed to "Petitioners as individuals". MCL 211.27a provides 

no clear exemption for such subject transfers. See attached excerpt of STC Transfer of Ownership Guideline. The assessor questions "entities under common 

control" and the definition (and standardized proof of) "business purpose". Two recent MTT cases (info attached) appear to uphold uncapping however there is no 

clear consensus in the assessment community with regard to such conveyances (do they uncap or not?). Assessor recommended taxpayer file appeal to gain 

clarity and precedent.

Page 2

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

 

Jurisdictional Issues:

IF PETITIONER IS APPEALING THE TRUE CASH AND/OR TAXABLE VALUES:

Did Petitioner protest the assessment at a Board of Review?

Yes

If Yes, check which Board of Review Petitioner attended:

March

If No, was the Notice of Assessment properly sent to Petitioner prior to the March Board of Review? 

*Submit a copy of the Notice of Assessment with the Answer.

If the July or December Board of Review revised the assessment(s) at issue, did it have authority? 

If yes, please cite the Board’s authority?

Was the assessment(s) at issue established as the result of a clerical error or mutual mistake of fact?

No

If yes, please explain

Is Petitioner appealing from a State Tax Commission Order?

No

If yes, when was it issued?

IF PETITIONER IS APPEALING THE UNCAPPING OF TAXABLE VALUE:

When was the Notice of Uncapping issued?

Under what statutory section was the taxable value uncapped?

 

 

Valuation Information:

Parcel Identification Number:

28-11-675-003-00

Classification of Property: Real (check one)

Page 3

STATE OF MICHIGAN

GRETCHEN WHITMER

GOVERNOR

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS

LANSING

MARLON I. BROWN, DPA 

DIRECTOR

 Residential (check one)

Current Assessed Value as established by the Board of Review:

388000

Current Taxable Value as established by the Board of Review:

388000

What do you believe is the fair market value?

776000

What do you believe is the taxable value?

388000

 

Electronic Signature *Typing your name below will serve as your signature

Respondent’s Signature: 

/s/ Sally Murray

Attorney or Authorized Agent’s Signature:

/s/

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