Valerie Eisenman, Petitioner V Michigan Department Of Treasury, Respondent
- Petitioner
- Valerie Eisenman
- Respondent
- Michigan Department Of Treasury
Case overview
- Docket number
- 24-003896-TT
- Status
- Disposed
- CaseType
- SC Property
- Division
- Small Claims Division
- Judge
- No judge assigned
Docket history
| Line # | Subject | Filer | Line Ref | Enter Date/Post Mark | Fee | Related Item |
|---|---|---|---|---|---|---|
| 5 | Order of Dismissal | Not recorded | Not recorded | 11/06/2024 | Not recorded | Download |
| 4 | Petition has been verified | PET | 1 | 11/06/2024 | Not recorded | Download |
| 3 | Notice of Docket Number SC | Not recorded | Not recorded | 11/06/2024 | Not recorded | Download |
| 2 | Attachments to the Petition were filed | Not recorded | Not recorded | 10/19/2024 | Not recorded | Download |
| 1 | A petition was received. | PET | Not recorded | 10/19/2024 | Not recorded | Download |
Documents
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Page 1
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 Valerie Eisenman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003896 Michigan Department of Treasury, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The issue in this case is already pending in another case and, as such, this appeal is duplicative and shall be dismissed. Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the 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. 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
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MTT Docket No. 24-003896 Page 2 of 6 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:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 6, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Valerie Eisenman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003896 Michigan Department of Treasury, Respondent. ORDER OF DISMISSAL The Tribunal has reviewed the file in the above-captioned case and finds that: The issue in this case is already pending in another case and, as such, this appeal is duplicative and shall be dismissed. Therefore, IT IS ORDERED that the case is DISMISSED. This Order resolves all pending issues and closes the 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. 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
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MTT Docket No. 24-003896 Page 4 of 6 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:___________________________________ Patricia L. Halm, Tribunal Chair Entered: November 6, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY
Page 6
MTT
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION MOAHR DOCKET NO. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name VALERIE M.I. Last Name/Company Name EISENMAN Mailing Address (No., Street, P.O. Box or Rural Route) 2497 Redwood Drive City or Town Flushing State Michigan ZIP Code 48433 Telephone Number 810-877-8187 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ms.valerie.martin@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 3: Subject Property Information Parcel Identification Number: 0705505023 How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? If yes, use the attached multiple parcel form for information regarding any contiguous parcels. If no, you must file separate appeals for each non- contiguous or non-adjoining parcels or you will be defaulted. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 1459 Chip Rd Chip Road Chip Road Kawkawlin
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STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan 48631 Taxing Authority: Township of Flint (GENESEE) County: Genesee Classification of Property: Real Residential Section 4: Check which of the following you are appealing Principal Residence Exemption Section 5: Explain the Reason for this Appeal I disagree with the primary residence exemption decision and request an informal conference. I currently live in the house with my husband and 4 sons and do not own another house. Since around 1977 when this house was purchased by my family, this house has been in my family and has been a primary and only residence for my family members. The house was purchased by my aunt Anne Lesniak, her parents and her brother. This was the primary residence for Anne and her parents. In 2012, Anne Lesniak removed her deceased parents and her brother from the title and added my sister Anne Yehle and myself to the title. It was the primary residence for both of them at the time. In January 2017 Anne Lesniak was hospitalized and then entered a nursing home, having full intent to return to her residence after her rehabilitation. She did not. I was her guardian and payed her bills on the house until January 2021 when she passed away. Anne Yehle was not working and had no income so she was not paying any bills at the house while she lived there. Late in 2017 Anne Yehle was hospitalized and entered a nursing home for rehabilitation due to mental illness with full intent to return to her home. She is currently in the nursing home awaiting approval to return home. My sons and I continue to pay all the bills for the house. Since 2017 I have lived in the house as my primary residence with my husband and 4 sons. My husband is a farmer and is helping take care of his 90 year old mother, who suffers from dementia, in the Kawkawlin area and splits time between his mother's residence and ours, and most bills from this house are sent there. Section 6: Jurisdictional Issues List the year(s) denied: 2021, 2022, 2023, 2024 Indicate who denied the exemption under appeal: Department of Treasury If you checked “other” above, explain: List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: 2024 Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: Valerie Eisenman /s/
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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 Valerie Eisenman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003896 Michigan Department of Treasury, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: November 6, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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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 Valerie Eisenman, Petitioner, MICHIGAN TAX TRIBUNAL SMALL CLAIMS DIVISION v MTT Docket No. 24-003896 Michigan Department of Treasury, Respondent. NOTICE OF DOCKET NUMBER TAKE NOTICE that a Small Claims petition has been filed and the above-noted docket number has been assigned to that petition. The assignment of the docket number does not mean that the Tribunal has authority over the petition or that the petition complies with the Tribunal’s rules. The docket number needs to be included on all documents submitted in this case. Respondent shall file an answer to the petition within 28 days of the issuance of a copy of this Notice to Respondent. Tribunal answer forms are available on our website at www.michigan.gov/taxtrib. Respondents must utilize the appropriate answer form. Failure to file the answer within the 28-day time frame may result in the placement of Respondent in default, as provided by TTR 279. Further, an electronic copy of the petition can be reviewed by utilizing the Docket Lookup Search on the Tribunal’s website. By: __Tribunal Clerk_____ Entered: November 6, 2024 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 provide by those parties, attorneys, or authorized representatives. By: Tribunal Clerk
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Page 1
STATE OF MICHIGAN
GRETCHEN WHITMER
DEPARTMENT OF TREASURY
RACHAEL EUBANKS
GOVERNOR
LANSING
STATE TREASURER
J
September 14, 2024
Valerie Eisenman
Anne Yehle and Anne Lesniak
1459 Chip Road
Kawkawlin, MI 4863 1
RE:
Valerie Eisenman, Anne Yehle, Anne Lesniak
Docket 2024-2174
PRE Unit File Number 2024-AP-0409
Denial of Michigan Principal Residence Exemption
7
J
Denial Notice Date
| Tax Year
| % Allowed
| Parcel No.
06/28/2024
2021
0.00 %
0705505023
# |
06/28/2024
2022
0.00 %
0705505023
—
06/28/2024
2023
0.00 %
0705505023
14
wtf)
06/28/2024
2024
0.00 %
0705505023
&
DENIAL OF REQUEST FOR INFORMAL CONFERENCE
We have received your correspondence postmarked 09/10/2024 in which you requested an informal
conference. Your request for an informal conference is denied as untimely. A request for an informal
conference must be made to the Michigan Department of Treasury within 35 days after your receipt
of the Department’s denial of the principal residence exemption claim notice on the above parcel.
This is the Department’s final decision
in
this matter under MCL 211.7cc(8) of the General Property
Tax Act. If you disagree with
alkor a part of\this decision, you may file your petition with the small
claims division of the Michigafi
Tax Tribunal, P.O. Box 30232, Lansing, Michigan 48909 (telephone
number: 517-335-9760) within 35 days of
{His decision in accordance with MCL 211.7cc(13).
If you have any questions about your future eligibility for the principal residence exemption, you
should contact your local assessor.
Sincerely,
eC
Lance R. Wilkinson, Director
Bureau of Tax Policy
cc:
Chris Mida, PRE Unit
BUREAU OF TAX POLICY « P.O. BOX 30828 « LANSING, MICHIGAN 48909
(517) 335-7477 « (517) 763-0430 fax « Treas-PREHearings@michigan.govThese are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.
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Page 1
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR PROPERTY TAX APPEAL PETITION FORM PRINCIPAL RESIDENCE EXEMPTION / QUALIFIED AGRICULTURAL EXEMPTION MOAHR DOCKET NO. Pursuant to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal (e.g. Notice of Denial or Board of Review Decision) with this Small Claims Petition, if applicable. If you do not submit this document, you may be placed in default. Section 1: Petitioner’s Contact Information Filer Type: Individual First Name VALERIE M.I. Last Name/Company Name EISENMAN Mailing Address (No., Street, P.O. Box or Rural Route) 2497 Redwood Drive City or Town Flushing State Michigan ZIP Code 48433 Telephone Number 810-877-8187 Fax Number E-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) ms.valerie.martin@gmail.com Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information First Name M.I. Last Name Firm Name (if any) Address (No., Street, P.O. Box or Rural Route) City or Town State Michigan ZIP Code Telephone Number Fax Number E-mail Address Section 3: Subject Property Information Parcel Identification Number: 0705505023 How many parcels are you appealing? 1 If you are appealing more than one parcel, are they contiguous or adjoining? If yes, use the attached multiple parcel form for information regarding any contiguous parcels. If no, you must file separate appeals for each non- contiguous or non-adjoining parcels or you will be defaulted. Property Address (No., Street, City, ST, ZIP) (If multiple, list first property’s address) 1459 Chip Rd Chip Road Chip Road Kawkawlin
Page 2
STATE OF MICHIGAN GRETCHEN WHITMER GOVERNOR DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS LANSING ORLENE HAWKS DIRECTOR Michigan 48631 Taxing Authority: Township of Flint (GENESEE) County: Genesee Classification of Property: Real Residential Section 4: Check which of the following you are appealing Principal Residence Exemption Section 5: Explain the Reason for this Appeal I disagree with the primary residence exemption decision and request an informal conference. I currently live in the house with my husband and 4 sons and do not own another house. Since around 1977 when this house was purchased by my family, this house has been in my family and has been a primary and only residence for my family members. The house was purchased by my aunt Anne Lesniak, her parents and her brother. This was the primary residence for Anne and her parents. In 2012, Anne Lesniak removed her deceased parents and her brother from the title and added my sister Anne Yehle and myself to the title. It was the primary residence for both of them at the time. In January 2017 Anne Lesniak was hospitalized and then entered a nursing home, having full intent to return to her residence after her rehabilitation. She did not. I was her guardian and payed her bills on the house until January 2021 when she passed away. Anne Yehle was not working and had no income so she was not paying any bills at the house while she lived there. Late in 2017 Anne Yehle was hospitalized and entered a nursing home for rehabilitation due to mental illness with full intent to return to her home. She is currently in the nursing home awaiting approval to return home. My sons and I continue to pay all the bills for the house. Since 2017 I have lived in the house as my primary residence with my husband and 4 sons. My husband is a farmer and is helping take care of his 90 year old mother, who suffers from dementia, in the Kawkawlin area and splits time between his mother's residence and ours, and most bills from this house are sent there. Section 6: Jurisdictional Issues List the year(s) denied: 2021, 2022, 2023, 2024 Indicate who denied the exemption under appeal: Department of Treasury If you checked “other” above, explain: List the date the Principal Residence Exemption or Qualified Agricultural Exemption was denied: 2024 Fee Information A fee of $25.00 is required for the filing of this appeal unless you possess a Principal Residence Exemption of at least 50% at the time of the filing of this petition. Electronic Signature *Typing your name below will serve as your signature Petitioner or Attorney/Authorized Representative’s Signature: Valerie Eisenman /s/
These are text excerpts, not the complete document. Text recognition and reading order can contain errors. Check the PDF for complete wording, formatting, and context.