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the open-space assessed value of the Property that petitioner
concedes is a real property tax, is based on the assessed value
of the Property, albeit it is calculated using the market value
of the land rather than the open-space assessed value. The
market value assessment is made at the same time as the open-
space assessment and is merely held in abeyance, with interest,
from that date until a change in use or cessation of use occurs.
Thus, the rollback provision functions as an ad valorem recapture
tax. See Tex. Tax Code Ann. secs. 23.52(e), 23.55 (West 1992).
In Rev. Rul. 73-600, 1973-2 C.B. 47, the individual liable
for the rates tax was only personally liable; if the tax was not
paid, it could not be reduced to a lien against the occupied
property. Here, however, a tax lien attaches to the land on the
date the change of use occurs to secure payment of the additional
tax and interest imposed by section 23.55, as well as any
penalties incurred. Sec. 23.55(b), Tex. Tax Code Ann (West
1992).
Based on the above discussion, we hold that the Texas
rollback tax is a tax imposed on an interest in real property,
and is therefore, in both substance and form, a real property tax
within the meaning of section 164(a)(1) and, by cross-reference,
the parenthetical provision contained in the last sentence of
section 164(a)(1). See Waxenberg v. Commissioner, supra at 603-
604 (quoting City of De Land v. Florida Public Service Co., 161
So. 735, 738 (Fla. 1935)) ("[I]f the tax is computed upon the
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