State high court
hears arguments in property tax case
PAMELA
HAMILTON Associated
Press
COLUMBIA, S.C. - The state Supreme Court heard
arguments Thursday in a case that could affect how city and county
governments figure tax rates following periodic reassessments of
property values.
Attorneys for a former Horry County administrator told the high
court that the city of Myrtle Beach failed to follow steps required
by state law for determining how much to charge in property taxes
after reassessing property values in 1999. Attorneys are seeking a
refund of the excess charges, which they say could equal about $2.4
million.
State law says when property is revalued, governments must roll
back their tax rates so they collect close to the same amount of
money they received before the reassessment. The other option is to
declare a tax increase and follow the required steps including
advertisement and public hearings.
Instead of rolling back tax rates using the formula determined by
the General Assembly, the city hired auditors who determined a rate
that would get city about the same amount in property taxes they had
received the previous year. The state Department of Revenue signed
off on the calculations done by auditors.
Circuit Judge Michael Baxley found in October 2002 that the city
did nothing wrong in its calculations. Linda Angus, who was fired as
Horry County's administrator in 1999, appealed that ruling to the
state high court.
Chief Justice Jean Toal said Thursday legislators laid out
"clear, bright-line" standards for calculating the correct tax rate
and whether the state Revenue Department agreed with the city's
method is irrelevant.
Allowing a city government to use its own logic rather than that
laid out by legislators could lead to governments making money off
taxpayers after property reassessment, said Nate Fata, who is
representing Angus.
Associate Justice Costa Pleicones agreed. "In the hands of an
irresponsible municipality, your (method) leads to backdoor
increases," Pleicones told Charles Jordan, an attorney representing
the city.
In briefs filed with the high court, the city says its method
resulted in the collection of nearly $500,000 in excess money that
it offered to refund by reducing the property tax rate the following
year.
But Angus' attorneys say giving back a refund the following year
would not be fair because the group of taxpayers changes from year
to year.
Toal compared it to being overtaxed by the Internal Revenue
Service. The IRS can't repay one person who was overtaxed by
spreading the refund among a different group of taxpayers in another
year.
The city argued that if it had followed the method Angus said
should have been used for determining the tax rate, the city would
have had to write an operating budget in the red. The city, like
most governments, must write its budget each year based on tax
estimates rather than hard numbers from the previous year.
The city has no plans to change its calculations for the coming
year. The city also is appealing the lower court's decision to make
Angus' case a class action suit.
If the case continues as a class action and a court decides that
refunds must be given to taxpayers, current taxpayers are the ones
who would be hurt and only those who have left the city would
benefit, Myrtle Beach attorney Jordan said.
Money for refunds can only come from two places: a tax increase
on Myrtle Beach residents or cuts to city services, he said. |