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24-003392_Uncapping.pdf

Nathan T Burns, Petitioner V City Of Detroit, Respondent · 24-003392-TT

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STATE OF MICHIGAN

 

GRETCHEN WHITMER 

GOVERNOR 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

LANSING

MARLON I. BROWN, DPA 

DIRECTOR 

 

 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

Nathan T Burns, 

 

 

 

 

 

MICHIGAN TAX TRIBUNAL 

Petitioner, 

 

 

 

 

 

SMALL CLAIMS DIVISION 

 

MTT Docket No. 24-003392 

 

 

 

 

 

 

 

 

 

v 

 

 

 

 

 

 

 

Case Type: Uncapping 

 

City of Detroit, 

 

 

 

 

 

Presiding Judge 

 

Respondent. 

 

 

 

 

Marcus L. Abood 

 

 

ORDER OF DISMISSAL 

 

Location of Hearing: 

 

 

Telephonic 

Hearing Held on: 

 

 

 

April 30, 2025 

Appearances on Behalf of Petitioner: 

Nathan Burns 

Appearances on Behalf of Respondent: Stephanie Hodges 

 

PROCEDURAL HISTORY 

 

On May 16, 2024, the March BOR issued the decision indicating that the subject 

property’s Taxable Value (TV) was uncapped for tax year 2024 under MCL 211.27a. 

 

Petitioner filed a petition with the Tribunal on May 29, 2024. On September 10, 2024, 

the Tribunal issued an order placing Petitioner in default for failing to pay the filing fee 

with the petition. On September 23, 2024, Petitioner paid the filing fee for the petition. 

On September 30, 2024, the Tribunal issued an order setting aside Petitioner’s default. 

On October 9, 2024, Respondent filed an answer. 

 

The amount of the TV in dispute, as set forth in the pleadings, for all tax years at issue 

is within the jurisdictional limits of the Small Claims Division.1 Further, the property’s TV 

for subsequent tax years is included in this proceeding.2 

 

ISSUES AND APPLICABLE LAW 

 

The issue in this matter is whether Petitioner has proven by a preponderance of the 

evidence that the subject property’s TV was improperly uncapped under MCL 211.27a. 

 

1 See MCL 205.762(1). 

2 See MCL 205.737(5)(b).

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Under the General Property Tax Act, property taxes are based on the property’s TV for 

the tax year(s) at issue. 

MCL 211.27a provides that a property’s TV is the lesser of the property’s SEV or 

capped TV, and a property’s capped TV is, absent a transfer of ownership, determined 

mathematically by taking into consideration the prior tax year’s TV, statutory losses, the 

lesser of the rate of inflation or 5%, and statutory additions, including omitted property 

(i.e., property not previously assessed).3 

MCL 211.27a(6) defines “transfer of ownership,” in relevant part, as follows: 

As used in this act, "transfer of ownership" means the conveyance of title 

to or a present interest in property, including the beneficial use of the 

property, the value of which is substantially equal to the value of the fee 

interest. Transfer of ownership of property includes, but is not limited to, 

the following: 

(a) A conveyance by deed. 

 

Pursuant to R 792.10133, after hearing, the Tribunal must issue a final decision in 

writing. Additionally, “[a] written final decision shall include separate sections entitled 

“findings of fact” and “conclusions of law.’” Findings of fact “shall include a concise 

statement of the underlying supporting facts” that are “based exclusively on the 

evidence.”4 Consequently, the Tribunal has not addressed every piece of evidence or 

every inference that might lead to a conflicting conclusion and has rejected evidence 

contrary to its findings. Furthermore, “[e]ach conclusion of law shall be supported by 

authority or reasoned opinion.”5 Accordingly, the Tribunal will outline the summary of 

evidence, findings of facts, and conclusions of law, before ultimately rendering 

judgment. 

 

SUMMARY OF EVIDENCE 

 

A. Petitioner’s Evidence 

 

Petitioner’s contentions of TV: 

 

Parcel Number: 

 

21079044-5 

Year

TV

2024

$8,687

 

 

3 See MCL 211.34d. 

4 See also MCR 2.517(a). 

5 Id.

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The exhibits offered by Petitioner may be viewed at line-item entry 1 of the docket 

maintained in this case.6 

 

The following exhibits were submitted into evidence: 

 

1. Evidence, filed on May 29, 2024 

a. March Board of Review Decision. 

 

No exhibits were excluded from evidence. 

 

Based on the pleadings, admitted exhibits, and sworn testimony, Petitioner contends 

that the subject dwelling is gutted out. There is no bathroom or kitchen. The property 

has experienced vandalism. Petitioner is trying to make repairs but is a truck driver and 

is often on the road. Petitioner argues that Respondent’s photographs of the subject 

property are incomplete. 

 

On rebuttal, Petitioner owned the subject property as a non-profit with his former 

girlfriend for 10 years. The transfer from Petitioner’s girlfriend does not constitute a 

transfer resulting in uncapping. 

 

B. Respondent’s Evidence 

 

The property’s TV, as confirmed by the BOR, for the tax year(s) at issue: 

 

Parcel Number: 

 

21079044-5 

Year

TV

2024

$39,600

 

No exhibits were submitted into evidence. 

 

Based on the pleadings and sworn testimony, Respondent contends that the subject’s 

change in ownership caused the uncapping in the subsequent year. Specifically, 

Petitioner purchased the subject from his former girlfriend on September 13, 2023, for 

$100. 

 

FINDINGS OF FACT 

 

The following facts were proven by a preponderance of the evidence: 

 

1. The subject property is located at 21619 Moross Street, in the city of Detroit and 

within Wayne County. 

2. The subject property is classified as residential. 

3. Respondent uncapped the subject property’s TV based on the transfer of the 

subject property to Petitioner. 

 

6 The docket is located on the Tribunal’s website at Tax Docket Lookup Search Page and may be 

accessed by entering the docket number assigned to this case.

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MTT Docket No. 24-003392 

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4. Petitioner did not file a property transfer affidavit with Respondent, as required by 

MCL 211.27a(10). 

5. Petitioner asserts that the subject property’s TV should not have been uncapped 

because there was not a transfer of ownership. 

6. Petitioner purchased the subject property from his former girlfriend on September 

13, 2023, for $100. 

7. Petitioner did not submit any documentary evidence for an alleged non-profit 

organization. 

8. Petitioner did not submit any ownership documents for the subject property. 

9. Respondent did not submit any documentary evidence. 

 

CONCLUSIONS OF LAW 

 

The following authority and reasoned opinion supports the Tribunal’s determination: 

 

Petitioner “has the burden of proof in establishing the [TCV] of the property.”7 “This 

burden encompasses two separate concepts: (1) the burden of persuasion, which does 

not shift during the course of the hearing, and (2) the burden of going forward with the 

evidence, which may shift to the opposing party.”8 Although the Tribunal has a duty to 

make an independent determination of value,9 the Michigan Court of Appeals has held 

that this duty “arises only when the petitioner has met its burden of going forward with 

evidence.”10 Therefore, “if a petitioner fails to come forward with competent evidence to 

challenge the assessed values of the property, then the tribunal's duty to make an 

independent determination of true cash value is not triggered.”11 Indeed, the Tribunal’s 

factual findings must be supported by competent, material, and substantial evidence.12 

Thus, while the Tribunal may not “automatically accept a respondent’s assessment,”13 it 

may, upon motion or its own initiative, enter an involuntary dismissal if the petitioner 

fails to meet the burden of going forward.14 

 

7 MCL 205.737(3). 

8 Jones & Laughlin, 193 Mich App at 354–55; 483 NW2d 416, 420 (1992). 

9 See Alhi Dev Co v Orion Twp, 110 Mich App 764, 767; 314 NW2d 479, 481 (1981). 

10 Dicastal N Am, Inc v City of Greenville, unpublished per curiam opinion of the Court of Appeals, issued 

August 22, 2024 (Docket No. 365333) citing Great Lakes Div of Nat'l Steel Corp, 227 Mich App 379, 408-

410; 576 NW2d 667, 680-681 (1998). 

11 Id. The Court further stated that it “will not assess the credibility of witnesses, and the determination of 

the weight to be given the evidence is within the Tax Tribunal’s discretion.” Id. (citations omitted). See 

also Country Meadows, GP v Macomb Twp, unpublished per curiam opinion of the Court of Appeals, 

issued April 1, 1997 (Docket No. 182305), wherein the Court held: “Plaintiffs cite Jones & Laughlin . . . . 

for the proposition that even when the plaintiff fails to meet his burden of proof, the tribunal must still 

make an independent determination of the true cash value of the property in question. However, unlike 

the plaintiff in Jones & Laughlin, in the present case plaintiffs did not meet their burden of going forward 

with evidence. Under the circumstances, the tribunal could not make an independent determination of 

the true cash value of the property because it had no evidence on which to base such a determination 

except that provided by defendant. A contrary holding would be tantamount to requiring the tribunal to 

hire its own appraiser.” Id. (citations omitted). 

12 See Antisdale v City of Galesburg, 420 Mich 265, 277; 362 NW2d 632 (1984); 

13 Jones & Laughlin, 193 Mich App at 355-356. 

14 See MCR 2.504(B)(2). See also Jones & Laughlin, 193 Mich App at 354-355 and Great Lakes v City of 

Ecorse, 227 Mich App at 408-410.

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“The ‘substantial evidence test’ has been defined as evidence which a reasoning mind 

would accept as sufficient to support a conclusion. While it consists of more than a 

mere scintilla of evidence it may be substantially less than a preponderance of the 

evidence.”15 “Competent evidence” has been defined as “that which the very nature of 

the thing to be proven requires . . . . ”16 The “thing to be proven” in this case is the TCV 

of the property at issue. TCV is defined as “the usual selling price at the place where 

the property to which the term is applied is at the time of assessment, being the price 

that could be obtained for the property at private sale, and not at auction sale except as 

otherwise provided in this section, or at forced sale.”17 TCV is traditionally determined 

using one of three widely accepted appraisal methods: cost, income, and market.18 

“Variations of these approaches and entirely new methods may be useful if found to be 

accurate and reasonably related to the fair-market value of the subject property.”19 

 

Petitioner did not provide any evidence, let alone sufficient competent and material 

evidence to meet the burden of going forward in this case. Therefore, the burden of 

going forward did not shift to Respondent, and the Tribunal’s duty to make an 

independent determination of value was not triggered. As such, involuntary dismissal of 

the case is warranted. 

 

IT IS ORDERED that this case is DISMISSED. 

 

JUDGMENT 

 

IT IS ORDERED that the 2024 tax year is DISMISSED. 

 

IT IS FURTHER ORDERED that the officer charged with maintaining the assessment 

rolls for the 2024 tax year shall correct or cause the assessment rolls to be corrected to 

reflect the property’s true cash and taxable values within 20 days of entry of this Final 

Opinion and Judgment, subject to the processes of equalization.20 To the extent that 

the final level of assessment for a given year has not yet been determined and 

published, the assessment rolls shall be corrected once the final level is published or 

becomes known. 

IT IS FURTHER ORDERED that the officer charged with collecting or refunding the 

affected taxes shall collect taxes and any applicable interest or issue a refund within 28 

days of entry of this Final Opinion and Judgment. If a refund is warranted, it shall 

include a proportionate share of any property tax administration fees paid and penalty 

and interest paid on delinquent taxes. The refund shall also separately indicate the 

amount of the taxes, fees, penalties, and interest being refunded. A sum determined by 

 

15 Russo v Dep't of Licensing & Regul, 119 Mich App 624, 631; 326 NW2d 583, 587 (1982). See also 

Dow Chem Co v Dep't of Treasury, 185 Mich App 458; 462 NW2d 765 (1990). 

16 Goff v Bil–Mar Foods, Inc (After Remand), 454 Mich 507, 514 n 5; 563 NW2d 214 (1997), overruled on 

other grounds in Mudel v Great Atl & Pac Tea Co, 462 Mich 691; 614 NW2d 607 (2000), quoting Black's 

Law Dictionary (6th ed). See also Moore v Prestige Painting, 277 Mich App 437; 745 NW2d 816 (2007). 

17 MCL 211.27(1). 

18 Meadowlanes Ltd Dividend Housing Ass'n v City of Holland, 437 Mich 473, 485; 473 NW2d 636 (1991). 

19 Id. 

20 See MCL 205.755.

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the Tribunal to have been unlawfully paid shall bear interest from the date of payment to 

the date of judgment, and the judgment shall bear interest to the date of its payment. A 

sum determined by the Tribunal to have been underpaid shall not bear interest for any 

time period prior to 28 days after the issuance of this Final Opinion and Judgment. 

Pursuant to MCL 205.737, interest shall accrue (i) after December 31, 2013, through 

June 30, 2016, at the rate of 4.25%, (ii) after June 30, 2016, through December 31, 

2016, at the rate of 4.40%, (iii) after December 31, 2016, through June 30, 2017, at the 

rate of 4.50%, (iv) after June 30, 2017, through December 31, 2017, at the rate of 

4.70%, (v) after December 31, 2017, through June 30, 2018, at the rate of 5.15%, (vi) 

after June 30, 2018, through December 31, 2018, at the rate of 5.41%, (vii) after 

December 31, 2018, through June 30, 2019, at the rate of 5.9%, (viii) after June 30, 

2019, through December 31, 2019, at the rate of 6.39%, (ix) after December 31, 2019, 

through June 30, 2020, at the rate of 6.40%, (x) after June 30 2020, through December 

31, 2020, at the rate of 5.63%, (xi) after December 31, 2020, through June 30, 2022, at 

the rate of 4.25%, (xii) after June 30, 2022, through December 31, 2022, at the rate of 

4.27%, (xiii) after December 31, 2022, through June 30, 2023, at the rate of 5.65%, (xiv) 

after June 30, 2023, through December 31, 2023, at the rate of 8.25%, (xv) after 

December 31, 2023, through June 30, 2024, at the rate of 9.30%, (xvi) after June 30, 

2024, through December 31, 2024, at the rate of 9.50%, and (xvii) after December 31, 

2024, through June 30, 2025, at the rate of 9.47%, and (xviii) after June 30, 2025, 

through December 31, 2025, at the rate of 8.66%. 

 

 

This Final Opinion and Judgment resolves all pending claims in this matter and closes 

this case. 

 

APPEAL RIGHTS 

If you disagree with the final decision in this case, you may file a motion for 

reconsideration with the Tribunal or a claim of appeal with the Michigan Court of 

Appeals. 

 

A motion for reconsideration must be filed with the Tribunal with the required filing fee 

within 21 days from the date of entry of the final decision. Because the final decision 

closes the case, the motion cannot be filed through the Tribunal’s web-based e-filing 

system; it must be filed by mail or personal service. The fee for the filing of such 

motions is $50.00 in the Entire Tribunal and $25.00 in the Small Claims Division, unless 

the Small Claims decision relates to the valuation of property and the property had a 

principal residence exemption of at least 50% at the time the petition was filed or the 

decision relates to the grant or denial of a poverty or disabled veterans exemption and, 

if so, there is no filing fee. You are required to serve a copy of the motion on the 

opposing party by mail or personal service or by email if the opposing party agrees to 

electronic service, and proof demonstrating that service must be submitted with the 

motion. Responses to motions for reconsideration are prohibited and there are no oral 

arguments unless otherwise ordered by the Tribunal.

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Alternatively, you may file a claim of appeal with the Michigan Court of Appeals. If the 

claim is filed within 21 days of the entry of the final decision, it is an “appeal of right.” If 

the claim is filed more than 21 days after the entry of the final decision, it is an “appeal 

by leave.” A copy of the claim of appeal must be filed with the Tribunal to certify the 

record on appeal. There is no certification fee. 

 

 

 

 

 

By 

 

 

 

Entered: June 4, 2025 

 

 

PROOF OF SERVICE 

 

I certify that a copy of the foregoing was sent on the entry date indicated above to the 

parties or their attorneys or authorized representatives, if any, utilizing either the mailing 

or email addresses on file, as provided by those parties, attorneys, or authorized 

representatives. 

 

By: Tribunal Clerk

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