A matter of strategy, gone wrong

What can we learn from yet another New Jersey Tax Court opinion rejecting a taxpayer’s assessment challenge? More than you might think.

In Faber v. Toms River, a self-represented taxpayer challenged her assessment by pointing out discrepancies between the property and the property record card, and by testifying about three sales of similar homes in town. 

The property owner first argued that the property record card was wrong, and that both the size of the home and the lot were overstated. However, she attempted to prove the discrepancies through the testimony of the tax assessor, who had not set the assessment and was not subpoenaed to appear at trial. As a result, the assessor had little knowledge of the subject property, and the court found that the taxpayer failed to offer any evidence to support her claim as to either the square footage or the lot size except her own testimony to that effect. 

The taxpayer also testified about three properties she identified as similar. However, the Tax Court rejected these sales as valid indicators of the subject’s value for various reasons, including differences in location, style and lack of support for adjustments the taxpayer asserted were required. 

What can we learn? The first highlight is the difference between a proceeding at the various county tax boards and Tax Court. Tax assessors are required by regulation to appear at the tax board hearings for their taxing district; This is why the Tax Court recognizes a taxpayer’s right to call the assessor as a witness at their county hearings so as to avoid a dismissal for lack of prosecution. By contrast, there is no such requirement in Tax Court, and the taxpayer must use the proper procedures (i.e., a trial subpoena) to compel the assessor’s appearance and testimony. Had this taxpayer done so, the assessor may have had more meaningful information to present to the court.

Second, we see the difficulties in challenging the assessment methodology. Had the plaintiff been aware, there is a possibility that errors in assessment - including in the size of the home or lot - may be corrected. In fact, such errors may even be corrected retroactively for up to three years preceding the year of the challenge. Such errors may be difficult to quantify and assess whether correction will yield a meaningful benefit; experienced advice (or lack of it) can make all the difference in the outcome.  

Third and finally, it is a reminder that the taxpayer bears the ultimate burden to demonstrate that their assessment is wrong. It’s not enough to show weaknesses in the assessment or in the town’s comparable sales. The taxpayer must make a compelling case that their property is over assessed. Hands down, the best way to do that is to have an experienced property tax attorney and expert, who are familiar with the Tax Court’s standards of proof and the evidence and arguments that have the best chance to carry the day, whether at the bargaining table with the town, or before the Tax Court. 

Before too long, assessments will be issued for 2022, first in Monmouth County and then for the rest of New Jersey. If you think you might be over assessed or incorrectly assessed, don’t wait - contact us for a free consultation as to whether a 2022 appeal might make sense for your New Jersey real estate.  

You can read the full case here:

Joanne Faber v. Toms River Township (njcourts.gov)