The Phelps County Board of Equalization in Missouri upheld
the county assessor’s opinion of value on the majority of residential and
commercial property appeals. One included the attorney representing a property
owner hanging up a phone on the board.
The board of equalization, which normally meets in July, has
the authority to decrease, increase or not changes the assessment values of the
appeals based on the facts presented at the hearing.
The Rolla Daily News’
reported that the attorney who hung up the phone was Dick Millspaugh, a
property tax representative with the Savage and Browning LLC, that was representing
the St. James Apartments during an appeal.
According to the appeal, the value placed on the property by
the assessor is incorrect and that income and expense data provided support a
lower value.
County Assessor Bill Wiggins set the full market value of
the property at $713,900, but the taxpayer believes the proposed market value
should be $464,035. With Wiggins’ market value, the tax assessment would be
$135,640.
Wiggins said it was evident through telephone conversations
and email correspondence with Savage and Browning that the firm was preparing
“income value worksheets,” which uses an income capitalization approach.
Wiggins said using that method was problematic for several reasons.
Wiggins went on to question Millspaugh, a tax representative
with no apparent appraisal license or certification for providing appraisal
information and preparing appraisal worksheets and valuations. According to
Wiggins, the board should not consider appraisal information provided by the
firm for that reason.
When Wiggins asked Millspaugh if he had prepared those
worksheets, Millspaugh admitted he did. Wiggins then asked Millspaugh for his
appraisal license number. Millspaugh said the information provided by him was
not to be considered an appraisal.
Wiggins cited a Missouri attorney general opinion, which
states that it’s unlawful for any person who is not licensed or certified by
the Missouri State Real Estate Appraisers Commission to develop or communicate
a real estate appraisal before the state tax commission or a local board of
equalization.
Millspaugh said he took exception to Wiggins’s statements
and eventually hung up on him.
The board discussed whether to table a decision on the
appeal but later decided by a unanimous vote to uphold Wiggins’ value and turn
down the appeal by Savage and Browning.