Legal Opinion

Zhao v. Montoya

New Mexico Supreme Court

Decided June 30, 2014No. 33,589 33,594PublishedCited by 7 opinions

1Opinion of the Court

OPINION

MAES, Justice.

{1} In these consolidated cases, Pinghua Zhao, Gregg Fallick, and Janet Fallick (Homeowners) appeal the valuation of their residences for property tax purposes as a result of what they allege is “tax lightning,” also known as acquisition-value taxation. Under acquisition-value taxation, a real estate owner’s property tax liability is determined by the value of the property when acquired, not by the traditional practice of taxing real property on its current fair market value. In periods of rising real estate prices such a system compels later buyers to shoulder a higher…

2Cases cited17 opinions

  1. Nordlinger v. HahnSupreme Court of the United States · 1992
  2. Allegheny Pittsburgh Coal Co. v. Commission of Webster Cty.Supreme Court of the United States · 1989
  3. State v. SmithNew Mexico Supreme Court · 2004
  4. Madrid v. St. Joseph HospitalNew Mexico Supreme Court · 1996
  5. Davy v. McNeillNew Mexico Supreme Court · 1925

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3Cited by7 opinions

  1. El Castillo Ret. Residences v. MartinezNew Mexico Supreme Court · 2017
  2. State ex rel. Foy v. Austin Capital Mgmt., Ltd.New Mexico Supreme Court · 2015
  3. WV 23 Jumpstart, LLC v. MynarcikNew Mexico Court of Appeals · 2023
  4. El Castillo Ret. Residences v. MartinezNew Mexico Supreme Court · 2017
  5. El Castillo Retirement Residences v. MartinezNew Mexico Court of Appeals · 2019

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