Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 15

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          tax classification since the "rollback tax was imposed upon an              
          act, changing the property's use from agriculture to non-                   
          agriculture, which involves [an exercise of] an incident of                 
          ownership of [the] property."                                               
               Respondent, on the other hand, maintains that, just as                 
          petitioner does not dispute that the $55,003.30 of ad valorem               
          taxes assessed on the land were real property taxes, there should           
          be no dispute that rollback taxes assessed at the Property's                
          market value are real property taxes.  The only difference                  
          between the two is the amount of the assessed value of the land.            
          Respondent further asserts that the rollback tax is nothing like            
          the transfer tax at issue in Rev. Rul. 80-121, 1980-1 C.B. 43,              
          since the former is imposed on the value of real property,                  
          whereas the latter is imposed solely on gains from the sale or              
          exchange of real property.                                                  
               We agree with petitioner that not every tax concerning real            
          property is a real property tax within the scope of section                 
          164(a)(1).  See, e.g., Rev. Rul. 80-121, 1980-1 C.B. 43.                    
          However, the fact that the property's owner-user controls the               
          timing of the imposition of the rollback tax is not enough, by              
          itself, to remove such a tax from the definition of a real                  
          property tax.  Upon examination, the rollback tax meets each of             
          the guidelines set forth in Rev. Rul. 80-121, 1980-1 C.B. 43.               
               The linchpin of petitioner's argument, that the rollback tax           
          is triggered by an incident of ownership (the use of the                    




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