Supreme Court Agrees with Grigoraci PDF

by James M. Sturgeon, Jr. 
The West Virginia Supreme Court has refused petitions for appeal from the State Tax Commissioner and the Kanawha County Assessor attempting to overturn the favorable decision handed down by Kanawha County Circuit to Victor Grigoraci in his campaign to have the personal property tax on intangible property declared unconstitutional

CPA SOCIETY NEWSLETTER

SUPREME COURT AGREES WITH GRIGORACI

by James M. Sturgeon, Jr.

The West Virginia Supreme Court has refused petitions for appeal from the State Tax Commissioner and the Kanawha County Assessor attempting to overturn the favorable decision handed down by Kanawha County Circuit to Victor Grigoraci in his campaign to have the personal property tax on intangible property declared unconstitutional.  With this action, the Supreme Court has left standing the Circuit Court decision which ruled that the 1993 property reevaluation constituted a “statewide reappraisal” and thereby triggered the exemption from personal property tax of all intangibles in West Virginia.  In 1997, the Legislature adopted a stepwise or gradual elimination of the intangibles’ property tax.  Thus, from 1993 through 1997, the Circuit Court’s decision eliminates the personal property tax on intangibles.