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A FEW EXAMPLES of the significant tax savings we have secured for our clients include the following: Corporate Headquarters
Case In the largest
Tax Court settlement in recent years, Garippa, Lotz & Giannuario secured
a 9 million dollar refund on a large city brewery. We successfully
argued the reduction utilizing the market approach, while emphasizing
the obsolescence factors that buyers take into account when purchasing
these properties. In a significant
case of first impression, the taxing jurisdiction attempted to set
aside a settlement with the taxpayers because a purported sale was
consummated at millions of dollars over the settlement after an agreement
in principle had been reached. While the settlement documents had
not been signed, both parties had agreed to the settlement. GLG convinced
the court that the sale of the property was not a proper indication
of value and did not reflect market practices. The sale involved a
1031 transaction and synthetic lease. GLG also successfully argued
that the sale was well after the valuation date in question. Under
these circumstances, the court agreed with GLG and upheld the settlement.
In the appeal of a chemical plant located in Perth Amboy, New Jersey,
the Court agreed with the theory presented by GL& G with regard to
the deduction in value attributable to environmental contamination
and the associated costs for remediation. This is the first time that
a court in the state has awarded a taxpayer a reduction in their assessment
for environmental contamination and the associated costs. A more than $5
million tax refund was obtained for a large oil refinery client. The
case established a precedent for using the market approach to value
a "special purpose" property. The Pennsylvania
Supreme Court ruled on behalf of our brewery client resulting in a
$24 million reduction in market value assessment. The Court agreed
with our argument that it was impermissible to use a "value in
use "standard in assessing the value of "special purpose"
property. The tax refund secured in this case was in excess of $3.5
million. We appealed a
$1 billion property tax assessment on a Westinghouse trash to steam
plant. While the plant was new, we argued that the taxing authority
substantially overstated the propertys fair market value due
to economic obsolescence caused by overbuilding in the industry. The
result was a $965 million reduction in the assessment. Our client owned an electrical generating facility that had been assessed at $1.8 billion based on its sale for that amount. In trial we raised three arguments in opposition to the assessment:
Following a successful
decision at trial, we settled the case at a fair market value of $42
million, a reduction of over $1.7 billion. This represented one of
the largest reductions ever achieved in assessment litigation. In the case of
a large waterfront development project, an initial assessment was
levied against the taxpayer in excess of $880 million. We raised issues
relating to highest and best use and market absorption, which resulted
in a settlement following trial, reducing the assessment to $120 million,
a reduction in excess of $750 million. |
