How Does Tax Reform Affect Your Estate Plan?


In December 2017, a sweeping tax reform bill, commonly known as the Tax Cuts and Jobs Act of 2017 (TCJA), was passed by Congress and signed into law by the President. The TCJA reduces individual and corporate tax rates, eliminates a host of deductions, enhances other breaks, and makes numerous other changes. But how does the TCJA affect your estate plan?  

One thing the TCJA did not do is repeal the federal gift and estate tax, as initially planned by the House of Representative’s version of the bill. Instead, the TCJA temporarily doubles the combined gift and estate tax exemption and the generation-skipping transfer (GST) tax exemption from $5 million to $10 million (adjusted for inflation after 2011). For 2018, the exemption is now $11.2 million per person ($22.4 million for a married couple). This doubled exemption will adjust for inflation each year and will remain in effect until December 31, 2025. If Congress doesn’t act before 2026, the law will sunset and the exemptions will revert to the $5 million level (indexed for inflation).


New Estate Planning Opportunities

These changes open considerable opportunities for people to remove assets from their taxable estates and permanently exempt future appreciation of those assets from estate, gift, and GST tax. For example, by using the increased exemption amount to make tax-free lifetime gifts, you can protect that wealth (and any future appreciation in value) from taxation in your estate, even if smaller exemptions are reinstated before death. Be aware though, that unlike assets transferred at death, lifetime gifts will not receive a stepped-up tax basis. This could cause an increase in income taxes on any gain realized by the recipient when they sell the gifted asset. It is therefore critical to weigh the potential estate tax savings against the potential income tax costs when considering this strategy.


Lifetime Gifting Strategy with 529 College Savings Plan

If you can benefit from a lifetime gifting strategy, then you may want to consider combining that strategy with a 529 college savings plan. The TCJA permanently expands the benefits of these plans, which now permit tax-free withdrawals for qualified elementary and secondary school expenses and not just higher-education expenses. Contributions to 529 plans are removed from your taxable estate even though you can change the beneficiaries at any time and even get your money back (Note: a penalty will be assessed for any non-qualified distributions).  And, you can combine 5 years’ worth of annual gift tax exclusions (currently $15,000 per year) into one year, so an individual could gift $75,000 to a 529 plan this year (or $150,000 for married couples) without triggering gift or GST tax or using any of your exemptions.


Dynasty Trust

It may also be an ideal time to establish a “Dynasty trust.” Significant amounts of wealth can grow and compound free of federal estate, gift, and GST tax with this type of irrevocable trust, providing tax-free benefits for your grandchildren and future generations. In Maryland and a few other states, a dynasty trust can last forever, but some states restrict the length of time these trusts can exist. Avoiding the GST tax is imperative as it imposes an additional 40% tax on transfers to grandchildren and others that skip a generation. Clearly, this tax will quickly erode large amounts of wealth. The key to avoiding the GST tax is to leverage your new, doubled GST tax exemption.

For example, let’s assume that you have not yet used any of your estate and gift tax exemptions and you transfer $10 million to a properly-crafted dynasty trust. There would be no gift tax because you are within your exemption amount. Now, the funds in the dynasty trust, and all future appreciation of those funds, are out of your taxable estate. Then, by allocating your GST tax exemption to your $10 million trust contribution, you can ensure that any distributions from the dynasty trust to your grandchildren (or subsequent generations) avoid GST tax. This is true even if the trust’s funds grow well beyond the exemption amount and even if the exemption amount is reduced in the future.


Other Estate Planning Considerations

Keep this in mind though: estate, gift, and GST tax planning is only one aspect of estate planning. Given that some pundits are predicting that the TCJA has reduced the number of U.S. estates subject to estate tax from approximately 5,000 to 2,000, most families should likely focus more on non-estate tax issues, like incapacity planning, asset and nursing home protection, guardianship of minor children, blended family issues, special needs children planning, business succession planning, and minimizing income taxes.

In fact, it may be preferable to engage in strategies to reduce income tax now and then transfer those savings to your beneficiaries at death with as little transfer tax as possible. This can be done in a variety of ways, including, but not limited to:

  •  Shifting income to someone else: make a lifetime gift of an asset that produces a lot of income to a trust that distributes the taxable income to a beneficiary that is in a lower tax bracket;

  • Charitable giving: contribute more to charity. The TCJA increases the adjusted gross income limitation for deductions of cash donations to public charities from 50% to 60%; and

  • Delaying capital gains taxation: make a gift of an asset that has already appreciated and that you want to sell to a charitable remainder trust (CRT). A sale by the CRT avoids immediate capital gains taxation. 100% of the proceeds of the sale are then reinvested. Distributions from the CRT each year will be taxed to the beneficiary, but may avoid income taxation at top rates.

The TCJA is perhaps the most significant tax legislation in over 30 years. Continued review and experience with the Act will unquestionably reveal numerous new planning opportunities in the coming months and years. Don’t fall into the trap that you don’t need a well-crafted estate plan because of the increased federal estate, gift, and GST tax exemption. Current estate plans may not have the intended consequences under the new rules, and no one should wait for a death to find out if they have a good estate plan.

David A. Lucas is an Attorney in Miller, Miller & Canby’s Estates & Trusts and Business and Tax Practice Groups. David is committed to providing his clients with a well-crafted estate plan so they may avoid probate, protect their assets and legacies, and provide for the security of their loved ones. He takes a special interest in ensuring that the dreams parents have for their children and grandchildren are not lost to taxes, poor planning, or procrastination. He speaks frequently on a variety of estate planning topics to both the general public and private groups.

David has focused his practice on helping families preserve their financial wealth and legacies for future generations through the use of Trusts, Wills, Powers of Attorney, Advance Medical Directives, Living Wills, and other estate planning strategies.

Contact David
to discuss your estate plan to take advantage of the laws available today and ensure flexibility for future changes. For more information on Miller, Miller & Canby’s Estates & Trusts Practice, click here.





MM&C Welcomes New Estate Planning Attorney David Lucas


Miller, Miller & Canby is pleased to welcome David A. Lucas to the Estates & Trusts and Business & Tax Practices, where he will focus his practice on Estate Planning, Trust and Administration, Elder Law and Business Law.

“Miller, Miller & Canby’s Estates & Trusts and Business & Tax, Elder Law and Business Law practices have served families and businesses throughout Maryland and Washington, DC for decades,” said Robert E. Gough, Managing Shareholder for the firm. “We are very pleased to welcome David. His extensive private practice experience in estate and legacy planning, asset protection planning, retirement and business planning services will strengthen and expand our capabilities in these important disciplines.”

Mr. Lucas
is committed to providing his clients with a well-crafted estate plan so they may avoid probate, protect their assets and legacies, and provide for the security of their loved ones. He takes a special interest in ensuring that the dreams parents have for their children and grandchildren are not lost to taxes, poor planning, or procrastination. He speaks frequently on a variety of estate planning topics to both the general public and private groups.

Prior to joining Miller, Miller & Canby, Mr. Lucas was in private practice for 14 years. He began his legal career by serving as a Law Clerk to The Honorable Dennis M. McHugh of the Montgomery County Circuit Court in Rockville, Maryland. After his clerkship, he worked for a general practice firm, where he gained practical experience in a variety of disciplines, including civil litigation, employment law, workers’ compensation, administrative law, family law, estate planning, and business formation. Since 2006, Mr. Lucas has focused his practice on helping families preserve their financial wealth and legacies for future generations through the use of Trusts, Wills, Powers of Attorney, Advance Medical Directives, Living Wills, and other estate planning strategies.

Mr. Lucas is licensed to practice law in Maryland and the District of Columbia and is admitted to practice before the respective local and federal courts. He is a member of the Maryland State Bar Association, the District of Columbia Bar Association, and the Montgomery County Bar Association. He earned a B.A. in Sociology from The Catholic University of America in Washington, D.C. and earned his Juris Doctorate, cum laude, from The Catholic University of America’s Columbus School of Law.

Click the download button below to view the firm's formal press release. For more information about Miller, Miller & Canby’s Estates & Trusts and Business & Tax Practices, click here or contact David at 301-762-5212.
 





Property Owners Have 45 Days to Appeal New Maryland Property Tax Assessments


Last week, the Maryland Department of Assessments and Taxation (SDAT) issued new Assessment Notices to owners of one-third of all commercial and residential properties in Maryland.  For instance, in Montgomery County, commercial properties in Rockville and Gaithersburg were reassessed.  In Frederick County, commercial properties in Ijamsville, Emmitsburg, Thurmont and portions of Frederick were reassessed.  In Prince George’s County, commercial properties in Bladensburg, District Heights, Landover, Lanham and Suitland were reassessed.

Property owners have 45 days from the date of the Assessment Notice to challenge these new assessments.  The “first-level” appeal takes place at the local Assessment Office.  If the assessor refuses to reduce the assessment, the owner may file a further appeal to the county Property Tax Assessment Appeals Board (PTAAB).   This Board will consider the evidence and issue a written decision, usually within two weeks.  If the property owner is still dissatisfied, another appeal may be filed to the Maryland Tax Court.

Miller, Miller & Canby has been challenging the assessments of various types of properties in Maryland for more than 30 years and has obtained substantial reductions in real property assessments for our clients.  Our litigation attorneys regularly represent clients before the local Assessment Office, PTAAB and the Maryland Tax Court.  We have successfully appealed the assessments on office buildings, retail stores, senior living centers, warehouses, industrial sites, casinos, apartment buildings and cemeteries.  Let us help you reduce your Maryland property assessments in 2017.  

Michael Campbell
is a partner in the litigation group at Miller, Miller & Canby.  In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance or to help reduce your commercial Maryland property tax assessment.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.
 





Starting a New Business? Having a Trusted Team of Legal and Financial Advisors is a Key to Success


Starting a new business is a very exciting time for entrepreneurs with future success in mind. Having a start-up team of trusted financial and legal advisers that includes bankers, lawyers and accountants who listen to your goals and provide cohesive advice is one of the key ingredients to future business success.

Why Hire A Business Law Attorney?
In today’s high-tech world, there are several online resources available to get your business started that may seem cost effective. Keep in mind the old saying, “You get what you pay for”. There is seldom a one size fits all strategy for structuring a business. The key is to find a business and tax attorney who can discuss the issues that the new business owner should consider, explain options, and map out the best strategy for the business owner based on his or her particular needs. Many may want to choose one form of entity over another because they know someone else who chose that form. However, just because an S Corp was the right entity for your father (as he had taken Social Security at 62 and didn’t want the income from the side business to reduce his Social Security benefits), or a friend of a friend set up a C Corp (to maximize certain retirement plan benefits for his long-term financial plan), or a co-worker who set up an LLC (as one of the owners was not a US Person), that doesn’t mean that is the right choice for you and your new business.

The Small Business Administration has outlined “10 Steps to Start Your Business” on their website. Below is a summary of the 10 point plan from the SBA and the steps where a business lawyer should be engaged.

Step 1: Conduct Market Research
Is there an opportunity to turn your idea into a success? Do your research to find a competitive advantage.

Step 2: Write a Business Plan
A well written business plan is your roadmap to success. A business attorney should be consulted during this step to help write the plan to show investors and key stakeholders that you have addressed all legal aspects to make your business a success.

Step 3: Fund the Business
How much money do you need to start the business? If you don’t have the funds, do you borrow or raise the capital needed? A financial advisor should be involved in this step.

Step 4: Pick a Location
Whether your new business is in a physical location or an online store, there is an effect on taxes, legal requirements and revenue.  You should obtain advice from your attorney and accountant in this step.

Step 5: Choose Your Business Structure
Choice of entity for your business impacts personal liability, taxes and most importantly business registration legal requirements. A business attorney with experience in the location of your business is critical during this stage.

Step 6: Choose a Business Name
Choosing the perfect name that reflects your brand may keep you up at night. A business attorney should be engaged to ensure you have rights to the name you select.

Step 7: Register the Business
A business lawyer is critical in this step to make your business legal and protect your brand. You need an attorney who directs your business registration with federal, state and local governments.

Step 8: Obtain Federal and State Tax IDs
Your Employer Identification Number (EIN) needs to be obtained to start and grow your business. Some states require a state tax ID as well.  A business and tax attorney can help you obtain all ID’s that are legally required for your business.

Step 9: Apply for Licenses and Permits
A business attorney will help you keep your business running smoothly by staying legally compliant. Licenses and permits vary by industry, state, location and other factors. Engaging a knowledgeable business lawyer during this step is important.

Step 10: Open a Business Bank Account
Once you have all the business registrations and paperwork completed, it is time to open a small business checking account.

Miller, Miller & Canby’s business law attorneys have over 70 years of experience assisting small businesses as well as large corporations in all aspects of business law and corporate planning, including choice of entity, entity formation and dissolution of taxable and tax-exempt entities, corporate reorganizations, mergers, acquisitions, and business succession. As both CPAs and practicing attorneys, MM&C attorneys are an incredible resource as legal, tax and financial advisors to our clients.

Please feel free to contact any of the business & tax attorneys at Miller, Miller & Canby at 301-762-5212 with your business start-up or legal needs.  View more information about Miller, Miller & Canby's Business & Tax practice by clicking here.  
 





Maryland Real Property Tax Exemptions


Maryland’s tax laws contain a variety of tax exemptions for different types of real property uses.  It’s important to note that just because a property owner is a church, charity or non-profit organization, such status does not automatically qualify the real estate for a property tax exemption.  Additionally, a tax exemption is not the same as a tax credit, which is available to certain property owners under a different section of the Maryland Code.  

View the article by MM&C Litigation Attorney, Michael Campbell, which discusses some of the more common tax exemptions available and the process for obtaining an exemption by clicking the download attachment link below.

Miller, Miller & Canby has been handling assessment appeals of various types of commercial properties in Maryland for more than 30 years.  In 2016, we obtained over $20,000,000 in property assessment reductions for our clients.  Our litigation attorneys regularly represent clients at the assessor level, before the Property Tax Assessment Appeals Board (PTAAB) and in the Maryland Tax Court.  We have successfully appealed the assessments on office buildings, hotels, casinos, retail stores, industrial sites, warehouses, apartment buildings and land at various stages of development.  

Michael Campbell is a partner in the litigation group at Miller, Miller & Canby. In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.
 





Business Attorney Glenn Anderson Featured on Executive Leaders Radio Program


Glenn Anderson joined Executive Leaders Radio on January 12 and was interviewed by host Herb Cohen, co-founder of the program.

Executive Leaders Radio conducts interviews of prominent CEOs, CFOs, and organizational leaders,  focusing on factors that contribute to success.

The ten to twenty-five minute on-air interviews are essentially informal conversations, where guests are asked about their background, education, influences, mentors and early career experiences. Guests also talk about their business, what they do and who they serve. Additionally, questions probe “interests outside of work, personal turning points and family sacrifices to capture the unique human aspect behind these prominent leaders."

During his interview Glenn spoke at length about the entrepreneurial drive that he possessed at a young age, and how his father influenced this passion. He also spoke about his education, the leadership roles he has held at Miller, Miller & Canby, which include Chief Financial Shareholder and Managing Shareholder, and his belief in the importance of mentoring.

In addition to launching Executive Leaders Radio, Herb Cohen also co-founded the University of Pennsylvania’s Wharton Entrepreneurial Network, Fairleigh Dickinson Entrepreneurial Center, and the Center for the Advancement of Study of Entrepreneurship at Temple University.

Executive Leaders Radio airs on Federal News Radio (WFED 1500 AM and streams at federalnewsradio.com). The program also airs nationally in major markets.

Glenn Anderson
leads the Business & Tax practice and Estates & Trusts practice at Miller, Miller & Canby.  He can be reached 301-762-5212.





Property Owners Have 45 Days to Appeal New Maryland Property Tax Assessments


Last week, the Maryland Department of Assessments and Taxation (SDAT) issued new Assessment Notices to owners of one-third of all commercial and residential properties in Maryland.  Property owners have 45 days from the date of the Assessment Notice to challenge these new assessments.  The “first-level” appeal allows the owner the opportunity to convince the assessor that the assessment is incorrect.  If the assessor refuses to reduce the assessment, the owner may file a further appeal within 30 days to the county Property Tax Assessment Appeals Board (PTAAB).   The Board will consider the evidence and issue a written decision, usually within two weeks.  If the property owner is still dissatisfied, another appeal may be filed to the Maryland Tax Court.

Miller, Miller & Canby has been protesting the assessments of various types of commercial properties and high-value residential properties in Maryland for more than 30 years and has obtained substantial reductions in real property assessments for our clients.  Our litigation attorneys regularly represent clients before the local Assessment Office, PTAAB and the Maryland Tax Court.  We have successfully appealed the assessments on office buildings, retail stores, senior living centers, warehouses, casinos, apartment buildings, cemeteries and property being developed.  Let us help you reduce your Maryland property assessments in 2017.  

Michael Campbell
is a partner in the litigation group at Miller, Miller & Canby. In addition to trial and appellate advocacy, his practice focuses on real estate litigation and property tax assessment appeals.  Please feel free to contact Mr. Campbell at 301.762.5212 or send him an email for property tax guidance or to help reduce your commercial Maryland property tax assessment.  For more information about the firm’s Maryland property tax appeals practice and representative cases, click here.
 





Have you Updated Your Employee Handbook to Comply with the New Ordinance on Sick and Safe Leave?


A new Montgomery County ordinance took effect on October 1, 2016, which now requires Employers in Montgomery County to provide certain paid sick and safe leave, to expand the permitted uses of this sick and safe leave, and to permit certain carryovers of unused leave into the next year.  Do the provisions of your current employee Handbook comply with these new requirements?  Are your policies consistent with the law?  If not, an experienced business law attorney can assist you in these areas.

A summary of the principal provisions of the new requirements are as follows:

  1. Employers must allow employees who regularly work more than eight (8) hours each week to accrue paid time off in order to provide care for themselves or family members in cases of illness, preventative care, or in response to sexual violence or stalking.
  2. Employers in Montgomery County are required to provide each employee earned sick and safe leave for work performed in the County paid at the same rate and with the same benefits that the employee normally earns.  
  3. An employer with less than 5 employees is only required to provide up to 32 hours of paid sick and safe leave and 24 hours of unpaid sick and safe leave in a calendar year.
  4. An employer with 5 or more employees is required to provide up to 56 hours of paid sick and safe leave in a calendar year.  
  5. An employee can carryover up to 56 hours of unused sick and safe leave into the next calendar year.
  6. The definition of activities qualifying for sick and safe leave has been expanded.
  7. Employers must keep records for at least 3 years of: (i) earned sick and safe leave by each employee and (ii) earned sick and safe leave used by each employee.

The business law attorneys at Miller, Miller, and Canby can assist employers with setting up or updating their employee handbook, so that it complies with the County’s ordinance on sick and safe leave. To learn more about MM&C’s business law practice and to contact one of the firm’s business law attorneys click here.





The Prestigious 2017 Maryland Super Lawyers List Includes Four MM&C Attorneys


Miller, Miller & Canby is proud to announce that attorneys James (Jim) L. Thompson, Joel (Jody) Kline and Donna McBride have been selected to the 2017 Maryland Super Lawyers list and attorney Diane Feuerherd has been named to the 2017 Rising Stars list, which recognizes attorneys under the age of 40. No more than five percent of the lawyers in Maryland are selected by Super Lawyers.

Jim Thompson
has been a leader in Miller, Miller & Canby's Litigation Group for more than 35 years, concentrating his practice in eminent domain (with partner Joe Suntum) and in real estate valuation litigation, as well as in property tax assessment appeals and general civil litigation. For more than a decade, Mr. Thompson represented Maryland as the sole member in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area, focusing upon the representation of landowners in eminent domain litigation. Currently Mr. Suntum is the selected member for the state of Maryland. With Mr. Thompson’s breadth of legal experience, proven results, mature judgment, and tenured leadership within the judicial system and the bar, having served as president of the Maryland State Bar Association, he brings the ideal blend of proven trial experience and legal skill to client representations.

Jody Kline
has led Miller, Miller & Canby’s Land Development department since 1981, focusing his practice in land use, zoning and subdivision law and representing clients in many of Montgomery County’s planning and economic development initiatives. In addition to zoning and subdivision law, he represents clients in matters related to master planning, zoning text amendments, conditional use permits, building permit issuance, and other administrative and real estate matters related to land use and development. His clients include residential and commercial developers, private individuals, religious institutions, private schools, non-profit entities and municipal corporations and agencies.

Donna McBride
, a partner in Miller, Miller & Canby's Litigation practice since 2009, has tried hundreds of lawsuits throughout the state of Maryland and in the District of Columbia, approximately 100 of which were jury trials. She focuses her practice in litigation in the following areas:  business and commercial, employment, estates and trusts, personal injury and insurance, as well as real estate.  In addition to her extensive background as a trial lawyer, Ms. McBride is a co-chair of the Maryland State Bar Association’s Judicial Selections Committee, served on the Character Committee for the Court of Appeals, is a member of the Montgomery Inn of Court and volunteers as a mediator for the District Court. She also serves on the Executive Committee for the Montgomery County Bar Association and on the Standing Committee on Rules of Practice and Procedure for the Court of Appeals of Maryland.

Diane Feuerherd
is an associate in the firm’s Litigation practice, focusing in appellate, employment, commercial and business litigation. Ms. Feuerherd joined the firm in the fall of 2013 after serving for two years as an appellate law clerk to the Honorable Lynne A. Battaglia of the Court of Appeals of Maryland, the State’s highest court.  In her two years since joining the firm, Diane has briefed and successfully argued cases before the Court of Special Appeals and the Court of Appeals, and, most recently represented a commercial developer challenging the validity of Montgomery County’s “Rain Tax.”  She is an active member of the Montgomery County Inns of Court and the Montgomery County Bar Association. She also contributes her time to the Finding Justice Project, a committee of the Women’s Bar Association Foundation, researching and memorializing the history of women lawyers in Maryland.
 
Mr. Thompson has been named a Super Lawyer for each of the past 11 years; Mr. Kline for the past 10 years, and Ms. McBride since 2014. 2017 is the second year Ms. Feuerherd has been selected as a Rising Star. They join other Miller, Miller & Canby attorneys previously named Super Lawyers, including Joe Suntum and Pat McKeever.

Super Lawyers, part of Thomson Reuters, is a research-driven, peer influenced rating service of outstanding lawyers who have attained a high degree of peer recognition and professional achievement. Attorneys are selected from more than 70 practice areas and all firm sizes, assuring a credible and relevant annual list.

The annual selections are made using a patented multiphase process that includes:
•    Peer nominations
•    Independent research by Super Lawyers
•    Evaluations from a highly credentialed panel of attorneys

The objective of Super Lawyers is to create a credible, comprehensive and diverse listing of exceptional attorneys to be used as a resource for both referring attorneys and consumers seeking legal counsel. The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country, as well as the Maryland Super Lawyers Digital Magazine. For more information about Super Lawyers, go to SuperLawyers.com.

Click the download button below to view the firm's formal press release.  Click here to view the digital article in The Daily Record.





Jim Thompson’s Successful MD Tax Appeal Case Chosen as one of the “Top 10 Ad Valorem Tax Cases"


The 46th Annual Wichita Program Appraisal for Ad Valorem Taxation of Communications, Energy and Transportation Properties was held on July 24-28, 2016 at Wichita State University.  MM&C litigation attorneys, James (“Jim”) Thompson and Michael Campbell, represented Charles County, and David Lyon represented the State Department of Assessments and Taxation against the taxpayer’s efforts to obtain a dramatic reduction in the value of an electric generating plant in Charles County.  After a lengthy trial, they were successful in the reported case of GenOn Mid-Atlantic, LLC v. State Dept. of Assessments and Taxation, 2015 WL 9875283 (Md. Tax 2015).  This case was selected as one of the top ten significant ad valorem cases in 2015-2016 because of the complexity of the issues and the large dollar amount involved.  The case involved personal property assessments on property owned by a non-regulated coal plant in excess of One Billion Dollars.  Witnesses for the taxpayer stated that the fair market value of the plant would have been severely reduced by a number of factors, among them the contention that coal plants were becoming obsolete as new environmental regulations added increased costs to their operation and the availability of cheap natural gas made them non-competitive.  The Tax Court considered those issues, but also evaluated the long-term economics of the plant and ruled that the “highest and best use” of the property was a continuation of the existing plant, and there was nothing obsolete about the coal technology as of the valuation dates in 2009-2010.  The Court affirmed the assessments.

For a detailed summary of the case, click here.  For more information regarding the Annual Wichita Program Appraisal for Ad Valorem Taxation, click here.

Miller, Miller & Canby has been handling tax assessment appeals for owners of various types of properties in Maryland for more than 30 years, and occasionally represents governmental entities trying to protect their tax base.  In 2014, MM&C’s attorneys obtained millions of dollars in property assessment reductions for its clients.  Our litigation attorneys regularly represent clients at the assessor level, before the Property Tax Assessment Appeals Board (PTAAB), and in the Maryland Tax Court.  We have successfully appealed the assessments on office buildings, hotels, casinos, retail stores, industrial sites, warehouses, apartment buildings and land at various stages of development.  Jim Thompson and Michael Campbell have headed up the firm’s ad valorem tax assessment practice for years.

Also, Jim Thompson and Joe Suntum have an extensive practice in eminent domain and real estate valuation litigation.  Currently, Joe is the Maryland Member in the Owners’ Counsel of America, a national network of property rights attorneys with demonstrated excellence in this area, focusing upon the representation of landowners in eminent domain litigation.  With their breadth of legal experience, proven results and mature judgment, they have been extremely successful.

Please feel free to contact Mr. Thompson, Mr. Campbell or Mr. Suntum, at (301) 762-5212 for any property value litigation issues.  For more information about the firm’s litigation practice and representative cases, click here.





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