Pickett.pdf
Leon Pickett, Petitioner V City Of Saginaw, Respondent · 24-003544-TT
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Page 1
RECEIVED
JUN 21 2024
iB
MICHIGAN TAX TRIBUNALSS
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS
MARLON
I. BROWN, DPA
GOVERNOR
LANSING
DIRECTOR
PROPERTY TAX APPEAL PETITION FORM
VALUATION / EXEMPTION / CLASSIFICATION APPEAL
Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or
Non-Property tax disputes.
Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal
(e.g. Board of Review Decision or Notice of Uncapping) with this Small Claims Petition, if applicable. If you do not
submit this document, you may be held in default.
Section 1: Petitioner’s Contact Information
_
First
Name
M.L.
me/Com) any Name
<ohn
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Mailing Address (No., Street, P.| 10, poxiar
or Rural Route)
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Gity-or Town
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ZIP Code
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DAG, Now
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Telephone Number ~) 0% &.- 95- /3 $9
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
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@ Cmal | Com
Section 2: Petitioner’s Adtonieyidnthor ized Representative’s Contact Information
First Name
Last Name
Firm Name (if any)
Address (No., Street, P.O. Box or Rural Route)
City or Town
State
ZIP Code
Telephone Number
Fax Number
E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail)
Section 3: Subject Property Information
How many
If you are appealing more than one parcel, are they contiguous or adjoining?
parcelsareyou | [7] yest
[] No**
appealing?
*If yes, use a multiple parcel form for information regarding any contiguous parcels.
**If no, you must file separate appeals for each non-contiguous or non-adjoining parcel or you will be defaulted.Page 2
seem, STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 4: Issues Being Appealed (check all that apply) [OO True Cash and Taxable Value [ Poverty Exemption [J Taxable Value Only (calculation) DY. Disabled Veterans Exemption a Uncapping of Taxable Value [J Eligible Manufacturing Personal Property (ESA) [J Exemption from Taxation (other than the denial of a [O Classification Principal Residence or Qualified Agricultural Exemption) Section 5: Explain the Reason for this Appeal I was 7 wT Way dened because TIT was Not oo dd sab) od Ve lera W Section 6: Jurisdictional Issues Year(s) you are appealing: Did you protest the assessment at a Board of Review (BOR)? [J Yes [No If Yes, check which BOR you attended AND attach the BOR decision: [| March Od July [Hl] December If No, check the applicable reason(s): O Not required to attend Assessment Change Notice was not received by Petitioner O Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) B Appealing within 35 days of State Tax Commission Order Appealing within 35 days of receipt of Notice of Uncapping
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Section 7: Valuation Information *use the multiple parcel form for additional, contiguous parcels. Parcel Identification Number: ~ [15603 Qoood Classification of Property: Real Personal (check one) Agricultural Commercial Industrial Reg Timber-Cutover Developmental Utility (check one) Current Assessed Value (also known as State Equalized Value) as established by the BOR: Current Taxable Value as established by the BOR: ~ What do you believe is the fair market value (also known as True Cash “7g 20100 Multiply the True Cash Value by .5 and enter here. This is your contention of Assessed Value! /0© 060 If you believe the Taxable Value differs from your contention of Assessed Value, enter your contention of Taxable Value. Section 8: Classification Information *Only the MI Dep’t of Treasury may appeal this issue to the Tribunal* Parcel Identification Number: 5 OF 000 Current Classification of Property as established by Board of Review: Real Personal (check one) O Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) What do you believe is the property’s classification? Real Pe (check one) Agricultural Commercial Industrial Residential Timber-Cutover Developmental Utility (check one) Ifimproved property, how is the property currently being used? my Home Res dent. a ) Ifimproved property, for what use was the property designed?
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STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS MARLON I. BROWN, DPA GOVERNOR LANSING DIRECTOR Fee Information Does the subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? [| Yes O No Are you appealing ONLY the denial of a Poverty Exemption or Disabled Veterans Exemption? [, ves O no If you answered yes to either or both of the above questions, you are not required to pay any filing fees. The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. If you are appealing more than one parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus $26.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. If your property is residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $125.00 $100,000.01 to $500,000.00 $200.00 $Over $500,000.00 $300.00 If your property is NOT residential property (see MCL 205.762) and the State Equalized Value or Taxable Value in contention is: Filing Fee is: $100,000.00 and under $250.00 * Plus $25.00 for each additional parcel, as indicated above. If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. Signature *Required Petitioner or Attorney/Authorized Representative’s et - p) / -7 7 Isl Cocca (2 (HK Cr
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Michigan Department of Treasury
6055 (01-24)
Notice of Denial of Disabled Veterans Exemption
tssued under autharity of Public Act 206 of 1893, as amended
With this notice, you are notified that the Disabled Veterans Exemption on the property identified below has been
denied.
If you have questions about the denial, you may contact your local government or follow the appeal procedures
specified below.
Type or print in blue or black ink.
PART
1: PROPERTY INEORMATION Type or print legibly. Use a separate form for each property number.
1. Proparty Tax identification Number
2. Name of Local Unit (Check Township or City)
15 0323 00000
Saginaw
3. County
.
Saginaw
[] Township
City
4. Street Address of Property {Provide a Complete Address)
City
State
ZIP Code
612 N Porter St
Saginaw
Mi
48602
5, Name of Owner (First, Middle, Last)
Leon Pickett
8. Owner's Daytime Telephone Number
7. Owner's Email
ddress
989-890-7206
[5 pic
eH Hy Q 2 Mer). corm
8. Malling Address If Different than Property Address
State
ZIP Code
9. Your exemption was denied/adjusted for the following reason:
a. The owner is neither a disabled veteran who qualifies for the exemption nor the unremarried surviving spouse of
a disabled veteran who, immediately before death, was eligible for the exemption
[1 b. The property claimed is not the owner's homestead.
[1] c. The property has transferred, and the qualifying individual is no longer the owner.
[7] d. The person claiming the exemption is not the owner.
[Je. other:
Unemployability is not service connected. Does not quailfy for Veteran's Exemption.
10, Olam Denied for Calendar Year(s) or Partial Calendar Year:
PART 2: CERTIFICATION
11. Name of the Local Assessor (Print or Type)
Lori D Brown
12. Signature
of
Lbcalfisspssor
13. Date
Fh V4) Cine
05/16/2024
14, Address of Local Government Unit
City
State
ZIP Code
1315 8 Washington Ave
Saginaw
MI
48601Page 6
57 ot 2074 MCL - Section 211.7b Download Section Chapter 211 Act 206 of 1893 206-1893-REAL-ESTATE-EXEMPTIONS. 4 Previous Section Next Section § THE GENERAL PROPERTY TAX ACT (EXCERPT) Act 206 of 1893 211.7b Exemption of real property used and owned as homestead by disabled veteran or surviving spouse; filing and inspection of application; cancellation of taxes; local taxing unit to bear loss; proration of exemption for partial year; definitions. Sec. 7b. (1) Real property used and owned as a homestead by either of the following individuals is exempt from the collection of taxes under this act: (a) A disabled veteran. (b) A surviving spouse of a disabled veteran who, immediately before death, was eligible for the exemption under this section. An exemption under this subdivision continues as long as the surviving spouse does not remarry, and the exemption applies to any property used and owned as a homestead by the surviving spouse, including homestead property acquired after the decedent's death. (2) To obtain the exemption, an individual described in subsection (1)(a) or (b), or
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bear the loss of its portion of the taxes upon which the exemption has been
granted. An exemption granted under this section as to taxes levied on or after
January 1, 2025 remains in effect, without subsequent reapplication, until it is
rescinded by the individual who was granted the exemption or is denied by the
assessor, as provided in section 7c.
(3) An exemption once granted applies to ail property taxes for the current tax
year that have been paid by the individual who qualified for the exemption under
subsection (1)(a) or (b) and all property taxes for the current tax year that would
have been owed by that individual if the property was not exempt.
If the individual
who qualified for the exemption under subsection (1)(a) or (b) does not use and
own the property as a homestead for the entire tax year, the exemption must be
prorated under 1 of the following methods:
(a) Based on the closing or other purchase documents, if any, executed by or on
behalf of the individual who qualified for the exemption under subsection (1)(a) or
(b). That individual shail provide a copy of the closing or other purchase documents
with the application claiming the exemption. The local treasurer shall use the
closing or other purchase documents when calculating the amount of taxes to be
exempted. There must be no refund of any property taxes not levied in the current
tax year paid pursuant to the closing or other purchase documents to the seller by
the individual who qualified for the exemption under subsection (1)(a) or {b).
(b) If closing or other purchase documents are not provided for the proration
under subdivision (a), based on a proration under which the local treasurer
calculates the amount of property taxes levied in the current tax year to be
exempted by dividing the total property taxes levied in the year by 365 and then
multiplying that number by the number of days the individual will use and own the
property as a homestead.
(c) Based on a proration that takes into account the effective date of any removal
of the exemption, which the assessor shall designate as the date of the relevant
conveyance or disposition. Using that date, the local treasurer shall calculate the
amount of property taxes levied in the current tax year to be exempted by dividing
the total property taxes levied in the year by 365 and then multiplying that number
by the number of days the individual, while qualified for the exemption, used and
owned the property as a homestead.
(4) As used in this section:
(a) "Disabled veteran” means a veteran who is a resident of this state and who
meets
1 of the following criteria:
(i) Has been determined by the United States Department of Veterans Affairs to
be permanently and totally disabled as a result of military service and entitled to
veterans’ benefits at the 100% rate.Page 8
(c) "Veteran" means an individual who served in the United States Armed Forces, including the reserve components, and was discharged or released under honorable conditions. History: Add. 1954, Act 179, Imd. Eff. May 5, 1954 ;-- Am. 1978, Act 261, Imd. Eff. June 28, 1978 ;-- Am. 2013, Act 161, Imd. Eff. Nov. 12, 2013 ;-- Am. 2023, Act 150, Imd. Eff. Oct. 19, 2023 Popular Name: Act 206 Compiler's Notes: Enacting section 1 of Act 161 of 2013 provides:"Enacting section 1. This amendatory act shall be known and may be cited as the "Dannie Lee Barnes disabled veteran property tax relief act”." Acceptable Use Policy Privacy Policy DMCA Policy Comment Form Legislative Directory Accessibility Site Map Bills Meetings Laws The Michigan Legislature Website is a free service of the Legislative Service Bureau in cooperation with the Michigan Legislative Council, the Michigan House of Representatives, the Michigan Senate, and the Library of Michigan. This site is intended to provide accurate and timely lagislative information to the citizens of the State of Michigan and other interested parties. Additional historical documents can be found at https://www.michigan,gov/libraryofmichigan. The information obtained from this site is not intended to replace official versions of that information and is subject to revision. The Legislature presents this information, without warranties, express or implied, regarding the accuracy of the information, timeliness, or completeness. If you believe the information is inaccurate, out-of-date, or incomplete or if you have problems accessing or reading the information, please send your concerns to the appropriate agency using the online Comment Form in the bar above this text.
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6055, Page 2 Instructions for Form 6055 Notice of Denial of Disabled Veterans Exemption General Instructions This form is for local assessors to use when notifying a homeowner that his or her disabled veterans exemption is denied. 1t will also be used to notify the Department of Treasury of the denial. Complete all information carefully and accurately to avoid processing efrors. Mail the original to the homeowner. Appeal rights are printed on the bottom of the form. The assessor must retain a copy for the assessor's records. Line-by-Line Instructions Lines not listed here are explained on the form. IMPORTANT: Complete a separate form for each property being denied. PART 1: PROPERTY INFORMATION Line 1: You must complete this line. Do not enter more than one property identification number (PIN) on each form. The PIN should be identical to the number used on the original affidavit.” Lines 2-4: Enter the complete address. Enter name and check the appropriate box for the city or township in which the principal residence is located. Lines 5-7: Enter the name and contact information of the legal owner(s) that occupy the property. Line 8: Enter the mailing address if it is different from the address on line 4. Line 9: Check the box indicating the reason the disabled veterans exemption was denied. If none apply, check “other” and enter a more detailed explanation of your reasons for denial. Be specific and as complete as possible. The information you provide in this section may be used in the appeals process. For the purposes of the exemption, MCL 211.7b defines "Disabled Veteran” as a veteran who is a resident of this state and who meets one (1) of the following criteria and can provide documentation to that effect: 1. Has been determined by the United States Department of Veterans Affairs to be permanently and totally disabled as a result of military service and entitled to veterans’ benefits at the 100% rate. 2. Has a certificate from the United States Department of Veterans Affairs certifying that the veteran is receiving or has received pecuniary assistance due to disability for specially adapted housing. 3. Has been rated by the United States Department of Veterans Affairs as individually unemployable. Line 10: Enter all years or partial year that are being denied. (You have the. authority to deny the current year and the three preceding years.) PART 2: CERTIFICATION Line 11: This form must be signed by the local assessor. Indicate who is denying the exemption, i 5 Line 13: The homeowner has only 35 days to appeal an exemption denial. The date you enter here is the starting date for the homeowner’s appeal time. Mail all forms the day they are signed. Lines 14-15: Enter the address and telephone number of the proper contact person at the local government.
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5102 (Rev. 01-19) STATE OF MICHIGAN GRETCHEN WHITMER DEPARTMENT OF TREASURY RACHAEL EUBANKS GOVERNOR LANSING STATE TREASURER Bulletin 19 of 2023 November 14, 2023 Disabled Veterans Exemption TO: Assessors and Equalization Directors FROM: Michigan State Tax Commission SUBJECT: MCL 211.7b Disabled Veterans Exemption Bulletin 4 of 2023 is rescinded MCL 211.7b(1)(a) provides an exemption from property taxes under the General Property Tax Act for real property owned and used as a homestead by a disabled veteran who served in the United States Armed Forces, including the reserve components, and was discharged or released under honorable conditions. “Disabled veteran” is defined as a veteran who is a resident of this state and who meets 1 of the following criteria: (iy Has been determined by the United States Department of Veterans Affairs to be permanently and totally disabled as a result of military service and entitled to veterans’ benefits at the 100% rate. (iy Has a certificate from the United States Department of Veterans Affairs certifying that the veteran is receiving or has received pecuniary assistance due to disability for specially adapted housing. (iii) Has been rated by the United States Department of Veterans. Affairs as individually unemployable. MCL 211.7b(1)(b) allows an unremarried surviving spouse of a qualifying disabled veteran to retain and claim the exemption: A surviving spouse of a disabled veteran who, immediately before death, was eligible for the exemption under this section. An exemption under this subdivision continues as long as the surviving spouse does not remarry, and the exemption applies fo any property used and owned as a homestead by
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Page 2 city or township where the property is located. Do not file with the Department of Treasury or the State Tax Commission. Form 5107 may be submitted to the local assessing unit after January 1 and before December 31 during the year in which the exemption is requested. The disabled veteran (or unremarried surviving spouse) must include with Form 5107 some type of official benefits notice or other documentation from the U.S. Department of Veterans Affairs. A letter from the County Department of Veterans Affairs indicating they have reviewed their records and the veteran qualifies is not sufficient. The documentation from the U.S. Department of Veterans Affairs should contain information that details that the disabled veteran meets one or more of the criteria required in MCL 211.7b. A) Totally disabled as a result of military service and entitled to veterans benefits at the 100% rate The Veterans Administration defines a service-connected disability as a disability related to an injury or disease that developed during or was aggravated while on active duty or active duty for training. The Veterans Administration Schedule for Rating Disabilities is used to assess the medical conditions and illnesses incurred or aggravated during the veteran's military service and a percentage rating from 0% to 100% is assigned based on the severity of the disability. Individuals filing the affidavit for the exemption under criteria a) must provide a copy of the letter from the Veterans’ Administration indicating they have a 100% service-connected disability and are entitled to receive benefits. Note: The statute does not require the disabled veteran to have already received the benefit, it only requires that they have been determined to be permanently and totally disabled as a result of military service and entitled to veterans’ benefits at the 100% rate. B) Assistance for specially adapted housing The Veterans’ Administration provides veterans with certain permanent and total service- connected disabilities financial assistance to purchase or construct an adapted home or modify an existing home to accommodate a disability. There are two grant programs: specially adapted housing grant (SAH) and the special housing adaptation grant (SHA). The State Tax Commission has determined that receipt of either grant would qualify an individual for the exemption under criteria b). Individuals filing the affidavit for the exemption under criteria b) must provide a copy of the
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Page 3 The Veterans Administration determines eligibility; to be "able to maintain s A ] inful employ ent Yo Ise 1 addition, they must have one service-ct ed disability rated a 60 I » or two or more service-connected disabilities with at least one rated at 40% or more with a combined rating of 70% or more. Individuals filing the affidavit for the exemption under criteria c) must provide a copy of the letter from the Veterans’ Administration indicating they are individually unemployable. Proration MCL 211.7b(3) states that once granted, the exemption applies to “all property taxes for the current year that have been paid by the individual who qualified for the exemption under subsection (1)(a) or (b) and all property taxes for the current tax year that would have been owed by that individual if the property was not exempt.” If the property is not owned and used as a homestead for the entire tax year, MCL 211.7b(3) requires that the exemption be prorated in one of the following three ways: 1) The individual must provide a copy of the closing statement or other purchase documents with Form 5107. The local treasurer must use this documentation, if provided, when calculating the amount of taxes to be exempted. There must be no refund of any property taxes not levied in the current tax year paid pursuant to the closing or other purchase documents to the seller by the individual who qualified for the exemption. 2) If the closing statement or other purchase documents are not provided, the local treasurer must calculate the amount of taxes to be exempted by dividing the total property taxes levied in the year by 365 and then multiplying that number by the number of days the individual will use and own the property as a homestead. 3) Based on a proration that takes into account the effective date of any removal of the exemption, which the assessor shall designate as the date of the relevant conveyance or disposition. Using that date, the local treasurer shall calculate the amount of property taxes levied in the current tax year to be exempted by dividing the total property taxes levied in the year by 365 and then multiplying that number by the number of days the individual, while qualified for the exemption, used and owned the property as a homestead. See the Disabled Veterans Exemption Frequently Asked Questions for more information
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Page 4 Rescission by disabled veteran or unremarried surviving spouse The disabled veteran or unremarried surviving spouse must file Form 6054 with the assessor for the city or township within 45 days of any of the following: 1) They cease to use and own as a homestead the property for which the exemption was granted. 2) They no longer meet the qualifications under MCL 211.7b to receive the exemption. Revocation by the assessor The assessor may deny a new claim for the exemption, an existing exemption, or based on an audit. The assessor is required to notify the property owner of the denial in writing, using Form 6055, which includes the reason for the denial and the appeal rights. The exemption can be denied for the current year and the three immediately preceding years. Once denied, the property owner will be liable for the taxes, plus applicable penalty and interest as stated in MCL 211.7¢(d). Local Unit Audit Program The local unit is required to implement an audit program that includes all information required under MCL 211.7b(2). The audit may not occur more than once every three years unless there is a reasonable belief the property no longer qualifies for the exemption. Additional audit requirements as to the form and manner of the audit program will be forthcoming from the State Tax Commission. Board of Review Authorities and Responsibilities The March, July, and December Boards of Review have no authority to hear claims for the disabled veterans exemption for the current year. The exemption is granted or denied by the local unit assessor. Qualified Error at July or December Board of Review The July and December Boards of Review, under MCL 211.53b, have the authority to grant a disabled veteran’s exemption as a qualified error for any of the following for the current year and immediately preceding tax year: 1) An error made by the local tax collecting unit in the process
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Page 5 Appeal Rights A written denial by the assessor may be appealed by completing and submitting a petition to the Michigan Tax Tribunal within 35 days of the date of the denial. A decision of the July or December Board of Review may be appealed by completing and submitting a petition to the Michigan Tax Tribunal within 35 days of the July or December Board of Review's written decision. More information on how to file an appeal is available by contacting the Michigan Tax Tribunal. Information can also be viewed on the Michigan Tax Tribunal's website at https://www.michigan.gov/taxtribunal. Additional Information Additional information, including the State Tax Commission's Disabled Veterans Exemption Frequently Asked Questions is available on the State Tax Commission website under the Disabled Veterans Exemption Information link. State Tax Commission contact information: Website: www.michigan.gov/statetaxcommission Email: State-Tax-Commission@michigan.gov Phone: (517) 335-3429