Tax

Have a Tax Question? Ask a Tax Expert

Ask an Expert,
Get an Answer ASAP!

Tax

The Hawaii Tax Appeal Court ruled in my favor regarding property

Customer Question
tax assessments made outside law...
The Hawaii Tax Appeal Court ruled in my favor regarding property tax assessments made outside law, but refused to hand down judgment. The County failed to redress,citing lack of judgment, and did not refund excessive taxes paid, and place lien on property. What can i do to protect my property from illegal actions by the County?
Submitted: 5 years ago.Category: Tax
Show More
Show Less
Ask Your Own Tax Question
Answered in 1 hour by:
6/3/2012
Tax Professional: socrateaser, Lawyer replied 5 years ago
socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 39,364
Experience: Retired (mostly)
Verified
You would file a motion for preliminary injunction to prevent the county from attempting to foreclose the lien against you, pending the outcome of your complaint. This is a fairly commonplace occurrence, but it is not a particularly easy motion to file. You must show the court that you are more than likely to prevail on the merits of your claim at trial. It may be that the tax court's previous ruling could provide you with the necessary evidence.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
Ask Your Own Tax Question
Customer reply replied 5 years ago
To socrateaser The County has responded to the petition with a motion for dismissal, claiming that the Circuit Court lacks jurisdiction. Although the County has violated my civil rights since 2007, it claims that I had to challenge the illegitimate assessments for each and every year. Since I have proved to the Tax Appeal Court that the assessments were invalid and cannot be enforced, the onus is the County to redress. While I appreciate your response, I do not believe it is detailed enough, because historically, and from my limited experience, Motions for preliminary injuctions rarely suceed, particularly in such instances.
The trial is set 6 months from now ,because I am a Canadian snowbird. The attorneys for the County are very subversive, with creative interpretations, and a pension for circumventing and "cherry picking" the law. They managed to get the Tax Appeal Court to agree to a" modestly" retro active application of newly promulgated rules for part time residents, in a recent challenge.
Tax Professional: socrateaser, Lawyer replied 5 years ago
Thanks for your additional info, however, I don't see a question.
Ask Your Own Tax Question
Customer reply replied 5 years ago
I have just received in recent days, a proposed " stipulated judgment" from the County attorney, which waves the right to further action or claims for damages, attorney fees or costs. I have suffered 5 years of illegitimate tax billings, at least 3 years of illegitimate assessments which cannot be enforced, and a fraudulent lien on my home.I did my due diligence by going to the Tax Appeal Court, but the Court failed to follow thru and hand down a judgm,ent after ruling,with no reason given. Do I not have some legal recourse to collect damages from the County for flouting the law even after a clear ruling from the Court. Is there any legal basisfor the County position that it cannot restore the " Home Exemption" and redress the illegalities without a judgment?
Tax Professional: socrateaser, Lawyer replied 5 years ago
Do I not have some legal recourse to collect damages from the County for flouting the law even after a clear ruling from the Court.

A: Damages come in two basic flavors: compensatory, which is the recovery that makes the plaintiff whole for his/her injuries, and punitive, which is the means by which a defendant is discouraged from future wrongful action. Compensatory damages would be a refund of the taxes, interest and penalities unlawfully paid, and reasonable attorney's fees and costs, if allowed by statute. Punitive damages against the government would require proof of willful and malicious acts by a specific person or persons, undertaking within the scope of government authority. This is nearly impossible to obtain, because the government can almost always successfully argue that either its actions were not willful or malicious, or that the acts of the individual were outside the scope of their lawful authority -- so, you would have to sue them as an individual to collect punitive damages (and the individual may not have the money to pay a judgment, leaving you as having wasted your time).

Is there any legal basis for the County position that it cannot restore the " Home Exemption" and redress the illegalities without a judgment?

A: Property tax protests generally must be made separately for each year where an error is alleged (on or before Jan 15, based upon the county assessment previously sent on or before Dec 15), and failure to do so, operates as a bar to recovery. So, without your having challenged the county during each tax year, there could be no recovery on any exemption.

Note: The fact that the county is offering a stipulated judgment suggests that it may view a risk of substanital loss if you proceed with the case. However, it could also be simply a means of reducing the litigation cost of defending the case.

Your circumtances are extremely complex. I would need to review the entire case file to be more specific. And, that's out of scope for this forum.

Hope this helps.

NOTICE: My goal here is to entertain while educating the public about the law. Your positive feedback to the website is appreciated. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!

socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 39,364
Experience: Retired (mostly)
Verified
socrateaser and 87 other Tax Specialists are ready to help you
Ask your own question now
Ask socrateaser Your Own Question
socrateaser
socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 39,364
39,364 Satisfied Customers
Experience: Retired (mostly)

socrateaser is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

Wallstreet Esq.

Wallstreet Esq.

Tax Attorney

586 satisfied customers

10 years experience

Mark D

Mark D

Enrolled Agent

1,300 satisfied customers

MBA, EA, Specializing in Business and Individual Tax Returns and Issues

Richard

Richard

Tax Attorney

4,310 satisfied customers

29 years of experience as a tax, real estate, and business attorney.

Robin D.

Robin D.

Senior Tax Advisor 4

13,695 satisfied customers

15years with H & R Block. Divisional leader, Instructor

Megan C

Megan C

Certified Public Accountant (CPA)

8,651 satisfied customers

Licensed CPA, CFE, CMA, CGMA who teaches accounting courses at Master's Level

jgordosea

jgordosea

Enrolled Agent

2,885 satisfied customers

I've prepared all types of taxes since 1987.

R. Klein, EA

R. Klein, EA

Enrolled Agent

1,839 satisfied customers

Over 20 Years experience

< Previous | Next >

Related Tax Questions
What is the effect of the latest tax changes on individual
what is the effect of the latest tax changes on individual income taxes for individuals in the $60-70,000 range with no special deductins? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I have a question regarding a tax lien. It isn't regarding a
My mother is a claimant in the national VW class action, and is eligible for a settlement. If she accepts the settlement, can the IRS take it to satisfy the lien? … read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
I have the tax ID Number can I obtain a copy of the taxes
I have the tax ID Number can I obtain a copy of the taxes myself? I want to see what the Trustee has been reporting because she's done all kinds of fraud and I suspect income tax is no difference?… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
On a property sale which 4 members have a 1/3 interest on
On a property sale which 4 members have a 1/3 interest on the sale. … read more
Chad CFP ®
Chad CFP ®
Certified Financial Planner(R), Pro
Master\u0027s Degree
734 satisfied customers
Applying for a loan and suddenly two tax liens from Calif
Applying for a loan and suddenly two tax liens from Calif show up. from 1994 & 1997. While im sure these were resolved 15 years ago, i no longer have records. is statue of limitation 20 years and if s… read more
abci168
abci168
Principal
27 satisfied customers
What are tax rules for an inherited Roth IRA, GA, the
what are tax rules for an inherited Roth IRA JA: Since estate law varies from place to place, can you tell me what state this is in? Customer: GA JA: What documents or supporting evidence do you have?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Does a tax lien NFTL recorded in my county post petition
Does a tax lien NFTL recorded in my county post petition hinders the Trustee's ability to collect equity through the sale of my home … read more
abci168
abci168
Principal
27 satisfied customers
I d not remember my tax ID. I do not have my tax IDs for
I do not have my tax IDs for 2015 so I cannot file my 2016 Federal tax return … read more
abci168
abci168
Principal
27 satisfied customers
Can individual take residential rental property losses on
Can individual take residential rental property losses on their tax returns … read more
abci168
abci168
Principal
27 satisfied customers
I'm on the single age pension and I receive $5,000 interest
HI! I'm on the single age pension and I receive $5,000 interest from my term deposit. Do I need to pay tax? … read more
abci168
abci168
Principal
27 satisfied customers
Is a lien automatically put on real estate property upon
is a lien automatically put on real estate property upon death of a NJ resident ? … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Sales tax liens or warrants on a business can they be
Sales tax liens or warrants on a business can they be prevented if a stipulated payment agreement is entered first? … read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
I just received a Notification For Filing of Tax Lien from
I just received a Notification For Filing of Tax Lien from the Orange County Treasurer-Tax Collector for unsecured property taxes. Assessment date of 6-6-2007 I don't know where this came from I had a… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
How do I file a lien on a property? I live in Texas, No not
How do I file a lien on a property? JA: What state are you in? It matters because laws vary by location. Customer: I live in Texas JA: Has anything been filed or reported? Customer: No not yet. How do… read more
abci168
abci168
Principal
27 satisfied customers
I have a question about an irs lien. I have a lien for taxes
I have a question about an irs lien. I have a lien for taxes due. The statute of limitations is close to expiring. The submitted a revocation of lien release. The statute tolled for 1 yr & I understan… read more
Andrew Jordan
Andrew Jordan
Shareholder
Master\u0027s Degree
5 satisfied customers
North carolina property taxes. Does NC use an assessed value
north carolina property taxes. Does NC use an assessed value or market value for tax assessment? I'm a disabled veterans and I understand that NC forgives $45,000 of the value but I don't know which v… read more
NPVAdvisor
NPVAdvisor
CFP Licensee and Practitioner
Master's Degree
180 satisfied customers
Resident and received the pension from China government. May
I am US resident and received the pension from China government. May I need to report pension on tax return? Someone say China has treaty with US, so need not to pay tax, but someone say needs to repo… read more
Robin D.
Robin D.
Senior Tax Advisor 4
Vocational, Technical or Trade School
13,695 satisfied customers
Can tax debt liened property be bankruped, can liened
can tax debt liened property be bankruped JA: The Accountant will know how to help. Please tell me more, so we can help you best. Customer: can liened property be bankrupted to remove debt JA: Is ther… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x