Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Why is my Property Tax Appeal taking so long?
Author: Scarinci Hollenbeck, LLC
Date: June 22, 2013
Key Contacts
Back
Many commercial property owners are turning to their attorneys to prosecute the filing of a tax appeal in order to cut costs.
By and large, these appeals are conducted on a contingent fee basis. That is to say the attorney will not earn a fee except as a percentage of savings actually achieved upon resolution of the case. As cases drag on for three (3) and four (4) years at a time requiring repetitive filings against the same property in order to maintain the tax appeals, clients rightfully become antsy and wonder when the process is going to come to an end.
The answer is, any lawyer taking on a real property tax case should advise his client of the snail pace of such litigation.
The problem is sheer volume. With over 35,000 cases pending, and only six (6) Tax Court Judges, new matters are being assigned tentative trial dates two (2) years out and later. Add to that the fact that Tax Court Judges are retiring and new ones are not coming on quickly enough and an unavoidable log jam is created. The filing for tax property appeals is at a record high. As reported by the Tax Court in its 2012 annual report, in 2012, over 15,000 new cases were filed. The court further reports that only approximately 6,000 cases were resolved during the calendar year 2012. While a number of the filings in 2012 may have been repetitive filings against the same property, it is clear that the new incoming filed cases far exceed the case numbers being resolved. Add to that the lack of motivation for a town to resolve quickly any tax appeal where a large refund is likely to occur and you have the makings of a considerable foot dragging situation aided and abetted by an overwhelmed and overburdened tax court system.
Accordingly, when considering the filing of a tax appeal case, don’t expect immediate results. Instead, prepare for the long haul.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
What Are FIRPTA Withholding Requirements?
If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]
Author: Jesse M. Dimitro
Does Your Homeowners Insurance Provide Adequate Coverage?
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Understanding the Importance of a Non-Contingent Offer
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC
Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]
Author: Scarinci Hollenbeck, LLC
Novation Agreement Process: Step-by-Step Guide for Businesses
Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]
Author: Dan Brecher
What Is a Trade Secret? Key Elements and Legal Protections Explained
What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]
Author: Ronald S. Bienstock
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Why is my Property Tax Appeal taking so long?
Author: Scarinci Hollenbeck, LLC
Many commercial property owners are turning to their attorneys to prosecute the filing of a tax appeal in order to cut costs.
By and large, these appeals are conducted on a contingent fee basis. That is to say the attorney will not earn a fee except as a percentage of savings actually achieved upon resolution of the case. As cases drag on for three (3) and four (4) years at a time requiring repetitive filings against the same property in order to maintain the tax appeals, clients rightfully become antsy and wonder when the process is going to come to an end.
The answer is, any lawyer taking on a real property tax case should advise his client of the snail pace of such litigation.
The problem is sheer volume. With over 35,000 cases pending, and only six (6) Tax Court Judges, new matters are being assigned tentative trial dates two (2) years out and later. Add to that the fact that Tax Court Judges are retiring and new ones are not coming on quickly enough and an unavoidable log jam is created. The filing for tax property appeals is at a record high. As reported by the Tax Court in its 2012 annual report, in 2012, over 15,000 new cases were filed. The court further reports that only approximately 6,000 cases were resolved during the calendar year 2012. While a number of the filings in 2012 may have been repetitive filings against the same property, it is clear that the new incoming filed cases far exceed the case numbers being resolved. Add to that the lack of motivation for a town to resolve quickly any tax appeal where a large refund is likely to occur and you have the makings of a considerable foot dragging situation aided and abetted by an overwhelmed and overburdened tax court system.
Accordingly, when considering the filing of a tax appeal case, don’t expect immediate results. Instead, prepare for the long haul.