Document Number
90-115
Tax Type
Property Tax
Description
Court Case, BEAR ISLAND TIMBERLANDS COMPANY, L.P., a Virginia limited partnership vs DEPARTMENT OF TAXATION, William H. Forst, Tax Commissioner
Topic
Court Case
Date Issued
07-20-1990

VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND
DIVISION I
July 20, 1990

BEAR ISLAND TIMBERLANDS COMPANY, L.P., )
a Virginia limited partnership, )
)
                    • Applicant, )
V. ) LAW NO. LR 1065-1
)
DEPARTMENT OF TAXATION, )
William H. Forst )
Tax Commissioner Defendant. )
2220 West Broad St. )
Richmond, VA. )
FINAL JUDGMENT

On this day came the parties, by counsel, and presented to the Court their joint stipulation of facts and motion that the Court enter final judgment upon the facts as stipulated, and was argued by counsel.

Upon consideration whereof, the Court doth find, in accordance with the stipulations, that:

1. On July 12 and 13, 1988 applicant closed a real estate purchase transaction with Kiewit Continental, Inc. ("Kiewit") by recording in each of the Virginia counties, listed below in paragraph 3, respectively, deeds to timberland from the following subsidiaries of Kiewit: KMI Continental Hardwood, Inc., KMI Continental Pinetree, Inc., KMI Continental Powhatan, Inc., KMI Continental Pulpwood, Inc. and KMI Continental Sawtimber, Inc.

2. The actual value, for purposes of Va. Code 58.1.-801, of the real estate acquired by applicant from the subsidiaries of Kiewit on July 12 and 13, 1988 was $51,516,860.00.




Recorded in Judgment Lien Docket of Circuit Court of Richmond

P. D. 90-115


3. The proper allocation of such actual value among said counties, the correct state recording tax under Va. Code § 58.1-801 in respect to the deed recorded in each county, and the amount of state recording tax paid by applicant to the Clerk of the Circuit Court of each county are shown on the following tables:
                                CORRECT STATE REC.
    ALLOCATED STATE REC. TAX PAID
    COUNTY ACTUAL VALUE TAX BY APPLICANT

    Amelia 3,009,828 4,514.85 4,350.00
    Appomatox 479,783 719.85 949.50
    Brunswick 1,939,592 2,909.55 2,878.95
    Buckingham 2,417,654 3,626.70 3,717.75
    Charles City 3,238,669 4,858.20 3,653.25
    Chesterfield 2,094,697 3,142.20 4,666.50
    Cumberland 2,940,188 4,410.45 5,470.20
    Dinwiddie 13,304,089 19,956.30 17,354.40
    Greensville 195,753 293.85 208.80
    Hanover 281,919 423.00 383.85
    Lunenburg 5,385,855 8,079.00 9,583.50
    New Kent 1,275,925 1,914.00 1,130.25
    Nottoway 1,112,197 1,668.45 1,789.20
    Prince Edward 424,165 636.45 900.00
    Prince George 8,086,776 12,130.35 18,386.85
    Powhatan 2,804,772 4,207.35 3,565.50
    Surry 2,524,998 3,787.65 5,739.90
    Sussex 0 15.00 15.00
    TOTALS 51,516,860 77,293.20 84,743.40


    4. The total state recording tax under Va. Code § 58.1-801 due from applicant upon recording the deeds from the subsidiaries of Kiewit was $77,293.20.

    5. Applicant paid to the Clerks of the Circuit Courts of the counties total state recording taxes under Va. Code § 58.1-801 in the amount of $84,743.40, thus overpaying the state recording tax on the deeds recorded in connection with said real estate purchase transaction by $7,450.20.


    P. D. 90-115

    6. Applicant's payment of state recording tax under Va. Code § 58.1-801 were made to the clerks of the Circuit Courts as follows: to Chesterfield on July 12, 1988; to Brunswick and Greensville on August 19, 1988; to Hanover on March 13, 1989; to Prince George in the amount of $9,078.00 on July 13, 1988, and $9,308.85 on March 22, 1989; and to all other counties on July 13, 1988.


    Therefore, the Court doth ORDER that applicant's Application for Correction of Erroneous Assessments of State Taxes be, and it is hereby, granted, that defendant's counter-claim is denied and that FINAL JUDGMENT is hereby entered on behalf of applicant and against defendant in the amount of $7,450.20, plus interest as provided by law, each party to bear its own coats, including attorneys' fees.
                      • A COPY
                          • TESTE: IVA R. PURDY, CLERK
                          • BY:
                            DEPUTY CLERK

    We ask for this:


    Of Counsel for Bear Island
    Timberlands Company, L.P.




    Counsel for Department of Taxation

    Rulings of the Tax Commissioner

    Last Updated 08/25/2014 16:46