Mockery of Justice

by Les Barta, Law Research

In a precedent setting decision, the Nevada Supreme Court ruled the assessments for Incline Village and Crystal Bay were unconstitutional and affected taxpayers were entitled to refunds. Today, nearly one and a half years later, the vast majority of taxpayers have not seen a single dime in refunds or reduced assessments.

The Court ruled that assessments must be reduced because the Assessor used unconstitutional methods to value our property. We proved that Incline Village assessments were 70% higher than similar Tahoe properties in Douglas County. World renowned experts showed state taxation officials that the assessments are out of equalization. A failure confirmed by the Department of Taxation in its own “Lake Tahoe Special Study.”

Taxation officials should have corrected the unconstitutional assessments long ago. Reality is precisely the opposite. Led by District Attorney Dick Gammick, in a cynical display of third world style corruption, tax officials have responded with scorn and contempt. Inspired by the perception that wealthy Lake Tahoe residents can pay more than their fair share, the Assessor stubbornly tries to reinstate illegal assessments and the Treasurer will not pay court ordered refunds.

The former chair of the County Board of equalization abruptly resigned after he ruled in our favor under intimidation from Gammick. Then the County Commission stacked the Board with hand picked supporters of the county’s agenda. Most recently the State Board of Equalization literally told taxpayers, “either you agree to take our ‘settlement’ offer or we’ll shove it down your throats.”

Tax officials whine about court ordered windfalls to local taxpayers. Ironically, the county received a huge windfall from the illegally collected excess taxes. Until tax officials are forced to do something, their goal is to exhaust our resources and our will. We have won this battle. Now, we need to outlast this mockery of justice to realize the relief that we deserve.