Posted On: August 7, 2008 by Kevin P. Whitaker

Weymout Massachusetts Tax Abatement Decision Upholds Town of Weymouth

115 Weymouth condominium unit owners seeking real estate tax abatements failed to prove an overvaluation and their real estate tax abatement request was denied. In sum, conclusions regarding the highest and best use of the properties was found to lack any supportive evidence, thus serving no utility in establishing the properties fair cash value.

This decision shows the importance of having a strong basis for filing for a Massachusetts real estate tax abatement. Recently, in Sunset Realty Group of the Berkshires v. Board of Assessors of Town of Peru, the presiding commissioner commented:

...a taxpayer ‘may present persuasive evidence of overvaluation either by exposing flaws or errors in the assessors' method of valuation, or by introducing affirmative evidence of value which undermines the assessors' valuation.' ...

... At any hearing relative to the assessed fair cash valuation ... of property, evidence as to the fair cash valuation ... at which assessors have assessed other property of a comparable nature ... shall be admissible.'


For deeper coverage, see Massachusetts Lawyers Weekly reviews of the Peru case and Weymouth case - the two sources for this blog entry.

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