In re Tax Appeal of Fleet Nat’l Bank

This was an administrative appeal by the Shawnee County Board of County Commissioners from a decision by the Board of Tax Appeals (BOTA) setting aside tax assessments the County claimed on three executive-style business aircraft for tax years 2000-2002. The dispute arose after the County had agreed in earlier proceedings that the aircraft were not subject to taxation and BOTA ordered them exempted. A few years later, the County attempted to reassess the aircraft for back taxes, interest, and penalties. The aircrafts' owners objected and commenced this action to avert the taxation. BOTA and the district court agreed with the owners but with different reasons for their rulings. The Supreme Court affirmed, holding that claim and issue preclusion barred the County from initiating new taxation efforts for the same tax years after the initial BOTA exemption orders became final. Remanded to BOTA for it to set aside the County's correction orders and assessment notices for the aircraft and tax years at issue. View "In re Tax Appeal of Fleet Nat'l Bank " on Justia Law