W. T. Grant Co. Tax Assessment Case

Supreme Court of Pennsylvania

W. T. Grant Co. Tax Assessment Case

235 A.2d 796, 426 Pa. 587, 1967 Pa. LEXIS 614

CourtSupreme Court of Pennsylvania

DecidedSeptember 26, 1967

DocketAppeals, 72

StatusPublished

Cited by3 cases

This text of 235 A.2d 796 (W. T. Grant Co. Tax Assessment Case) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. T. Grant Co. Tax Assessment Case, 235 A.2d 796, 426 Pa. 587, 1967 Pa. LEXIS 614 (Pa. 1967).

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Opinion

Opinion by

Mr. Justice Cohen,

This appeal by W. T. Grant Company, lessee, and Thompson McClintock Estate et al., owners (taxpayers) involves the real estate assessment on their property in the City of Pittsburgh for the triennial period 1960, 1961 and 1962. Essentially, the issues are the same as those presented in the P. W. Woolworth Company case decided this day, and we see no reason to repeat what we have said there. We have read these records carefully and cannot accept the position of the *589 Board of Property Assessment, Appeals and Review of Allegheny County (Board) which produced no relevant evidence to contradict taxpayers’ testimony.

Here, the uncontradicted fair market value set by the taxpayers’ witness was $326,250 (land: $263,750; building: $62,500). Applying the determined common level ratio of 41.4% to this figure, we find the proper assessment to be $135,067.50, broken down to $109,-192.50 on land and $25,875 on building.

The order of the court below is vacated, and the case is remanded to the court below with instructions to enter an order directing the Board to correct the assessment of the subject property in accordance with; this opinion.

Mr. Chief Justice Bell concurs in the result. Mr. Justice Eagion dissents.

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Opinion by

Mr. Justice Cohen,

This appeal by W. T. Grant Company, lessee, and Thompson McClintock Estate et al., owners (taxpayers) involves the real estate assessment on their property in the City of Pittsburgh for the triennial period 1960, 1961 and 1962. Essentially, the issues are the same as those presented in the P. W. Woolworth Company case decided this day, and we see no reason to repeat what we have said there. We have read these records carefully and cannot accept the position of the *589 Board of Property Assessment, Appeals and Review of Allegheny County (Board) which produced no relevant evidence to contradict taxpayers’ testimony.

Here, the uncontradicted fair market value set by the taxpayers’ witness was $326,250 (land: $263,750; building: $62,500). Applying the determined common level ratio of 41.4% to this figure, we find the proper assessment to be $135,067.50, broken down to $109,-192.50 on land and $25,875 on building.

The order of the court below is vacated, and the case is remanded to the court below with instructions to enter an order directing the Board to correct the assessment of the subject property in accordance with; this opinion.

Mr. Chief Justice Bell concurs in the result. Mr. Justice Eagion dissents.

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Bluebook (online)

235 A.2d 796, 426 Pa. 587, 1967 Pa. LEXIS 614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-t-grant-co-tax-assessment-case-pa-1967.

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