Loading
San Francisco archdiocese wins tax battle in court

.- The Archdiocese of San Francisco won a three-year legal fight Nov. 18, after a Superior Court judge moved to throw out charges against the archdiocese for a multimillion-dollar “delinquent” tax bill.

“The Archdiocese of San Francisco is delighted that the Superior Court has vindicated the position the archdiocese has taken all along,” George Wesolek, director of communications, said in a Nov. 18 statement.

Judge Richard A. Kramer issued a 43-page “Tentative Statement of Decision” in favor of the archdiocese after a grueling legal battle with San Francisco assessor-recorder Phil Ting.

Ting attempted to impose a transfer tax of $14.4 million on more than 200 parish and school properties  when San Francisco Archbishop George Niederauer initiated a corporate restructuring of the archdiocese in 2007.

Ting argued that the tax was fair and equitable and said his office examined various exemptions that could have applied to the archdiocese but found that none did.

Taxes in the state are typically collected when properties are sold or transferred to a separate and distinct legal entity.

“The land and buildings involved are all used to serve the nearly half-million families and children in the archdiocese’s parishes and schools and countless others,” Wesolek said, adding that the tax would have had “had a crippling effect” on the parishes and schools.

In court arguments, the archdiocese maintained that the city’s transfer tax ordinance applies only to property “sold” in San Francisco and specifically exempts internal reorganizations of this kind.

The Church also argued that state and federal law have long recognized that internal reorganizations such as what took place in the archdiocese are not transfers and are not subject to such taxes.

Wesolek said that Ting “underestimated the resolve of the church,” in this situation, but also lamented how the ongoing case drained time and resources.

“It is unfortunate that the miscalculation forced the archdiocese to spend more than three years and hundreds of thousands of dollars in attorneys’ fees to defeat this illegal action,” he said, “but the archdiocese is hopeful that the Assessor/Recorder’s office will now be dissuaded from taking similar measures in the future.”

Judge Kramer has scheduled a case management conference for Jan. 9, 2012.


Ads by AdsLiveMedia(What's this?)

* The number of messages that can be online is limited. CNA reserves the right to edit messages for content and tone. Comments and opinions expressed by users do not necessarily reflect the opinions or beliefs of CNA. CNA will not publish comments with abusive language, insults or links to other pages

RESOURCES »

Ads by Google (What's this?)
Ads by Google (What's this?)

Featured Videos

Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis celebrates the closing Mass and announces site of next World Youth Day
Pope Francis visits poor neighborhood and meets with young people from Argentina
Pope Francis celebrates Mass at the National Shrine of Our Lady of Aparecida
Denver rally draws hundreds in support of religious freedom
Pope Francis prays over a sick man in St Peter's Square
Denver women's clinic will offer natural, Catholic care
Interview Clips: Barbara Nicolosi speaks to CNA
US Cardinals press conference at North American College
Pope Benedict to retire to monastery inside Vatican City
Pope cites waning strength as reason for resignation
Hundreds convene in Denver to urge respect for life
New Orange bishop encourages Catholic unity in diversity
Chinese pro-life activist calls for reform, international attention
At Lincoln installation, Bishop Conley says holiness is success
Mother Cabrini shrine reopens in Chicago after a decade
Ordination of 33 deacons fills St. Peter's with joy
Cardinal says "Charity is the mother of all the virtues"
Augustine Institute expands evangelization effort with new campus
Bishops recall 'Way of St. James' as chance to trust in God
Los Angeles cathedral's newest chapel houses Guadalupe relic
Apr
24

Liturgical Calendar

April 24, 2014

Thursday within the Octave of Easter

All readings:
Today »
This year »

Catholic Daily

Gospel of the Day

Lk 24:35-48

Gospel
Date
04/24/14
04/23/14
04/22/14

Daily Readings


First Reading:: Acts 3:11-26
Gospel:: Lk 24:35-48

Saint of the Day

Easter Sunday »

Saint
Date
04/24/14
04/22/14

Homily of the Day

Lk 24:35-48

Homily
Date
04/24/14
04/23/14
04/22/14

Ads by AdsLiveMedia.com

Ads by AdsLiveMedia.com
     HTML
Text only
Headlines
  

Follow us: