The newsletter of the ISBA’s Section on State & Local Taxation
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Newsletter articles from 2002
Appealing real estate tax assessments in TIF districts
Since the passage of the first tax increment financing ("TIF") statute in 1977, this urban renewal device has been utilized with growing popularity throughout Illinois, with more than 700 TIF's having been created according to figures published by the Illinois Department of Commerce and Community Affairs.
Back taxes—omitted property
Property owner #1 buys property A from the County of Cook in July 1998, and does not notify the Assessor.
This is the fourth edition of Tax Trends for the 2002-2003 bar year.
"Demography is destiny," says Harold Hodgkinson, the director of the Center for Demographic Policy at the Institute for Educational Leadership in Washington since 1987.
Cook County class wars: taxpayers win a battle at PTAB—war continues on two fronts
Several recent decisions of the Illinois Property Tax Appeal Board ("PTAB"), namely, In the Matter of Konrad Ostalowski1, In the Matter of Park National Bank Trust #101562, and In the Matter of Southwest Management Company3, have sought to address the meaning and intent of Article IX section 4, of the Illinois Constitution, entitled Real Property Taxation.
Don’t expect a refund if you pay an unconstitutional tax
In two recent Illinois appellate court decisions, one in the Fourth District and one in the First District, the Illinois appellate court appears to have set up a catch-22 for Illinois business taxpayers when it comes to refunds on unconstitutional taxes.
From the co-editor
The year 2002 is a year of historic changes both nationally and locally. Change is certain in Illinois as a result of the "Democratic sweep."
From the co-editor
As the anniversary of September 11th approaches, I cannot help but think that when we and our clients complain about higher tax bills, we should pause for a moment and think about the freedom and safety that is provided by the revenue generated from those taxes.
Illinois transferee tax liability
Illinois has three statutes that directly govern transferee liability for taxes when a purchaser buys assets from another party.
(The following bills were discussed by the council at our May 10, 2002 meeting)
Meet the county division judges
Judge Michael Murphy graduated at the top of his class from The John Marshall Law School in 1971. Judge Murphy began his legal career at the Illinois Attorney General's Office where he headed the Civil Rights Division.
Notes from the co-editors
This newsletter contains an article entitled "Real Estate Tax Relief for Not-For-Profit Corporations," which informs the practitioner how to file a successful tax complaint to reduce the assessment based on a not-for-profit corporation class change.
Notes from the editor
We would like to apologize to our author, Stanley Kaminski and Secretary, John Norris, and to our readers who received the copies of the "Tax Trends" newsletter, February 2002, Vol.45, No.7, that contained pages that were not in sequential numerical order.
Recent case summary
The First District Appellate Court held that the plaintiff, Schawk, Inc., was not engaged in manufacturing and thus was not entitled to the investment tax credit pursuant to section 201(e) of the Illinois Income Tax Act. Schawk, a digital imaging prepress service provider, produces and sells color separated film used by its customers to print packaging materials for consumer products.
Recent court decision
On August 20, 2002 the Appellate Court ruled that the Illinois Property Tax Appeal Board (PTAB) cannot apply the median levels of assessment as determined by sales-ratio studies of the Illinois Department of Revenue (DOR) to commercial, industrial and vacant property in Cook County, and must instead utilize the provisions of the Cook County Real Property Assessment Classification Ordinance.
Recent court decisions
In a not-so-surprising decision, the appellate court in U.S.G. affirmed the trial court in holding that the Chicago "litter tax" violated the Uniformity Clause of the Illinois Constitution.
Recent Illinois unitary income tax cases
Illinois imposes its income tax on a unitary basis. This means that all members of a unitary business group are treated as one taxpayer, and must file a combined return. 35 ILCS §§ 5/304(e0 and 5/502(e).