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February 14, 2008
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Boise asks for mediation in property tax case
By Jim Cox Editor & Publisher

Boise White Paper, L.L.C. has requested that Circuit Judge Thomas Baxter order Boise and the Clarke County Board of Equalization to mediate a tax dispute.

Boise disputed the valuation of portions of its Jackson paper mill operation for the 2006 tax year to the Board of Equalization. The board upheld the values as set and Boise appealed to Clarke County Circuit Court where a hearing was held before Judge Baxter a few weeks ago.

The motion for mediation by Boise notes the county's need for an "expedited resolution" of the matter but also said Boise had offered to "mediate this case on multiple occasions with counsel" for the equalization board.

The motion relates that state law allows the Alabama Department of Revenue to address the settlement of tax disputes, subject to approval by the local board of equalization. Boise has met with the state revenue department and discussed a proper valuation of the property at dispute. "As a result of those discussions, Boise and the Alabama Department of Revenue have reached a tentative agreement as to an appropriate valuation of the property at issue; a valuation which would result in substantial, prompt tax payments from Boise." The local board must approve the agreement, however.

Boise contends the proposal has not been considered because board of equalization minutes show it has not met since Nov. 14, 2007. The secretary for the board- Revenue Commissioner Chris Beverly- is aware of the proposal but cannot speak for the board or approve it, Boise's motion states.

The board of equalization's attorney, Gaines McCorquodale of Jackson was critical of comments that Boise's attorney Wendell Allen has made about the board not being willing to discuss a settlement or mediation- an apparent reference to McCorquodale.

McCorquodale said, "Unlike the attorneys for Boise, I do not believe it is appropriate for me to comment on a case pending before Judge Baxter. This entire matter could be resolved if Boise would simply pay their taxes like everyone else."

In addition to the dispute over 2006 taxes, Boise has also disputed its 2007 tax bill. In a Jan. 29, 2008 letter to Revenue Commissioner Beverly, George Perala, manager of Boise's Property and Sales Tax division rejected the 2007 property tax values as being too high.

"The appraised value of $407,651,183 assessed with respect to the property at issue is excessive when compared to our acquisition costs for these same properties. Based on our acquisition costs and the procedures established by the County, we believe the value of this property to be $209,782,300," Perala's letter reads.

The parcels appraised for 2007 do not match the parcels appraised for 2006 and the subject of the current dispute. The Jackson paper mill is not appraised as a single unit but its components are broken down and appraised based on when they were purchased or added to the mill.
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