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Real Estate Tax Abatement Practice and Procedure

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  • Product Number: 2253614WFM
  • Publication Date: 10/31/2024
  • Edition: 7th Edition 2024
  • Copyright: © 2024 MCLE, Inc.
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  • Product Description
  • Table of Contents
  • Editors & Authors
  • Product Description

    Product Description

    In addition to detailed and readily accessbile information and authority on tax abatement application, hearing and appeal procedures, Real Estate Tax Abatement Practice and Procedure explains the motions available at the pre-hearing stage; property inspection; exchange of experts' reports; forms of discovery and the pre-trial conference. Practical considerations, such as scheduling, consolidation and even how to give an opening statement are included. Featured is a section on valuations, including the standard and scope of review of assessed valuations; evidentiary issues to relative to valuation, including expert and nonexpert opinion evidence. The reader gains a thorough understanding of the statutory, traditional, market study and capitalization methods of valuation. The handbook also explains the difference between the judicial and legislative rules regarding disproportionate assessments.

    Recent updates:

    • Update: October 2024

      Dear Subscriber:

      Thank you for updating your library with the 2024 edition of Real Estate Tax Abatement Practice and Procedure.

      One of the major changes reflected in the new edition is the recent amendment of the Rules of Practice and Procedure of the Appellate Tax Board. Effective January 5, 2024, the amended rules address virtually all aspects of board practice, including, for example, hearing procedure, appearances, petitions, motions, discovery, and mediation. Citations to the amended rules are included throughout the publication.

      Highlights from among the other issues addressed in this revision include

      • numerous citations of decisions from the board and the Massachusetts courts on issues as diverse as leased property, jurisdiction, timeliness of applications, property tax exemptions, and appellate practice;
      • guidance on filings under formal and informal procedure;
      • requirements for the appellee's answer;
      • preparations for status conferences;
      • guidance on motions and discovery practice;
      • procedures for handling evidence and developing the hearing record;
      • the effect of nuisance claims on the determination of property value;
      • computation of the abatement amount; and
      • a review of the board's mediation program.

      We trust you will find the 2024 edition of Real Estate Tax Abatement Practice and Procedure a valuable resource as we at MCLE continue our efforts to bring you the latest solutions to the issues you face in your practice.

      Very truly yours,

      John M. Lawlor MCLE Publications Attorney

  • Table of Contents

    Table of Contents

    expand all
    Chapter 01 expand

    Challenging the Real Estate Tax

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    Chapter 02 expand

    Proceedings on the Local Level

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    Chapter 03 expand

    Appellate Tax Board Hearings

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    Appendix

    Resources for Real Estate Tax Abatement Practice and Procedure

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    Appendix A

    - Appeal Rights and Jurisdictional Timetable Buy Form

    Appendix B

    - Case Study for the Practical Application of Tax Abatement Principles Buy Form

    Appendix C

    - Three-Year Average Worksheet for Quarterly Tax Payments Buy Form

    Appendix D

    - Three-Year Average Worksheet for Semi-Annual Tax Payment Cycle Buy Form

    Appendix E

    - Checklist to Determine Availability of Real Estate Tax Abatement Remedy Buy Form

    Appendix F

    - State Form Application for Abatement of Real Property Tax Buy Form

    Appendix G

    - 2024 City of Boston Application for Abatement of Real Estate Tax Buy Form

    Appendix H

    - Assessors’ Information Requisition Buy Form

    Appendix I

    - Property Tax Exemption Denial Notice Buy Form

    Appendix J

    - Property Tax Abatement/Exemption Certificate Buy Form

    Appendix K

    - Property Tax Exemptions, Tax Deferral Buy Form

    Appendix L

    - Petition Under Formal Procedure Buy Form

    Appendix M

    - Letter Serving Petition on Assessors Buy Form

    Appendix N

    - Checklist for Formal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

    Appendix O

    - Checklist for Informal Procedure Appeal of Assessors’ Decision Not to Abate a Real Estate Tax Buy Form

    Appendix P

    - Rules of Practice and Procedure of the Appellate Tax Board and Appellate Tax Board Standing Orders Buy Form

    Appendix Q

    - Real Estate Tax Appeals: A Helpful Guide for Taxpayers and Assessors Buy Form

    Appendix R

    - Appearance Buy Form

    Appendix S

    - Statement Under Informal Procedure Buy Form

    Appendix T

    - Notice of Hearing Buy Form

    Appendix U

    - Request for Continuance Buy Form

    Appendix V

    - Settlement Letter Buy Form

    Appendix W

    - Withdrawal Buy Form

    Appendix X

    - Sample Notice of Appeal Buy Form

    Appendix Y

    - Mediation Guidelines Buy Form
  • Editors & Authors

    Author(s)

    Patricia A. Metzer, Appellate Tax Board, Commonwealth of Massachusetts, Boston
    David G. Saliba, Esq., Saliba and Saliba, Woburn
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