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Author Topic: Cybele, Magan Mater wins property tax exemption case  (Read 1715 times)

sailor

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Cybele, Magan Mater wins property tax exemption case
« on: November 23, 2014, 08:37:44 am »
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/21/in-the-matter-of-maetreum-of-cybele-magna-mater-inc/

Quote
Petitioner, a not-for-profit religious corporation that owns real property in the Town of Catskill, commenced proceedings pursuant to CPLR article 78 and RPTL article 7 after respondent Board of Assessment and Review for the Town refused petitioner’s 2009, 2010 and 2011 applications for tax-exempt status pursuant to RPTL 420-a. Under that provision, real [*2]property owned by a corporation that is “organized and conducted exclusively” for charitable and/or religious purposes, if “used exclusively” for such purposes, “shall be exempt from taxation” (RPTL 420-a [1] [a]).


At first glance it should have been a slam dunk since the town didn't offer any contrary witnesses or exhibits.  It looks like a nunnery, quacks like a nunnery, it's exempt like a nunnery.

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Re: Cybele, Magan Mater wins property tax exemption case
« Reply #1 on: November 24, 2014, 08:39:22 pm »
Quote from: sailor;165968
http://www.washingtonpost.com/news/volokh-conspiracy/wp/2014/11/21/in-the-matter-of-maetreum-of-cybele-magna-mater-inc/



At first glance it should have been a slam dunk since the town didn't offer any contrary witnesses or exhibits.  It looks like a nunnery, quacks like a nunnery, it's exempt like a nunnery.


Good for them. I haven't been following this closely, but I'd read a bit about the conflict--probably on the Wild Hunt site.
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Re: Cybele, Magan Mater wins property tax exemption case
« Reply #2 on: November 25, 2014, 12:24:31 am »
Quote from: Altair;166063
Good for them. I haven't been following this closely, but I'd read a bit about the conflict--probably on the Wild Hunt site.

 
Yes, TWH has been covering this pretty thoroughly from, if not the beginning, pretty close to it - here is their archive of all articles tagged 'Matreum of Cybele', for those who want to get up to speed or refresh their memories. I (and TWH) agree with Sailor :eek:, it should have been a slam-dunk, and long before/at lower levels than this; it looks as if the Town of Catskill was betting not so much on winning based on evidence, but on the Matreum running out of money and having to capitulate.

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sailor

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Re: Cybele, Magan Mater wins property tax exemption case
« Reply #3 on: November 25, 2014, 07:34:14 am »
Quote from: SunflowerP;166076
Yes, TWH has been covering this pretty thoroughly from, if not the beginning, pretty close to it - here is their archive of all articles tagged 'Matreum of Cybele', for those who want to get up to speed or refresh their memories. I (and TWH) agree with Sailor :eek:, it should have been a slam-dunk, and long before/at lower levels than this; it looks as if the Town of Catskill was betting not so much on winning based on evidence, but on the Matreum running out of money and having to capitulate.

Sunflower

 
If Cybele can reasonably show that the town was acting to run the group outof money for the case then the town should be required to pay the group's legal fees.  As evidence that the town wasn't serious about winning the case by legal / legit means, I point to the Volokh article where the town presented no evidence or witnesses to support it's side.

That having been said, any new small group is going to look like they might be trying to pull a fast one by turning over their group owned home to a religious group that they control. A Catholic nunnery isn't going to raise any eyes since the larger Diosces owns the property, not the new religious group that is run by the half dozen members who used to own the property and continue to live there.  

The IRS went after the Universal Life Church over people turning their homes over to their own church and then trying to claim everything as a religious deduction. Hoperfully the cybele order is being smarter than that.

At sea now, so I'll look at Sunflower's links when I get home for vacation in a few months.

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