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Keywords

appealwillobjectionoverruledappellant
willobjectionappellant

Related Cases

People ex rel. Wangelin v. Wiggins Ferry Co., 357 Ill. 173, 191 N.E. 296

Facts

The Wiggins Ferry Company, as the appellant, contested a delinquent tax judgment for the year 1932 amounting to $21,631.04, of which $9,560.59 had been paid. The company argued that the assessed valuation of its property was more than twice its fair cash market value, constituting a violation of constitutional provisions regarding equal taxation. The county court had previously overruled the company's objections to the assessment, leading to this appeal.

The Wiggins Ferry Company, as the appellant, contested a delinquent tax judgment for the year 1932 amounting to $21,631.04, of which $9,560.59 had been paid.

Issue

Did the county court err in upholding the assessed valuation of the Wiggins Ferry Company's property, which the company claimed was grossly excessive and discriminatory?

Did the county court err in upholding the assessed valuation of the Wiggins Ferry Company's property, which the company claimed was grossly excessive and discriminatory?

Rule

The assessed value of property for taxation purposes cannot be impeached merely due to differing opinions on value; however, if the assessment is shown to be grossly in excess of market value and made willfully, it may be subject to review by the court.

The assessed value of property for taxation purposes cannot be impeached merely due to differing opinions on value; however, if the assessment is shown to be grossly in excess of market value and made willfully, it may be subject to review by the court.

Analysis

The court examined the evidence presented, which indicated that the assessed value of the appellant's property was significantly higher than that of similar properties in the area. Testimonies from various witnesses supported the claim that the assessment was arbitrary and did not reflect the true market value. The court concluded that the assessment was not only excessive but also constituted a constructive fraud against the taxpayer.

The court examined the evidence presented, which indicated that the assessed value of the appellant's property was significantly higher than that of similar properties in the area.

Conclusion

The court reversed the county court's judgment and remanded the case with directions to sustain the appellant's objections regarding the excessive assessment.

The court reversed the county court's judgment and remanded the case with directions to sustain the appellant's objections regarding the excessive assessment.

Who won?

Wiggins Ferry Company prevailed in the case because the court found that the assessed valuation was arbitrary and grossly excessive compared to similar properties, violating principles of equal taxation.

Wiggins Ferry Company prevailed in the case because the court found that the assessed valuation was arbitrary and grossly excessive compared to similar properties, violating principles of equal taxation.

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