Tuesday, November 22, 2011

Judge Rules for SF Archdiocese in Transfer Tax Case

From today's Catholic San Francisco:

"A Superior Court judge on Nov. 18 issued an opinion that would throw out an attempted multi-million-dollar “delinquent” tax bill imposed on the Archdiocese of San Francisco by the San Francisco assessor/recorder, Phil Ting, after a more than three-year legal fight.

Judge Richard A. Kramer issued a 43-page “Tentative Statement of Decision” in favor of the archdiocese, Catholic San Francisco, the newspaper of the archdiocese, reported Nov. 22. A case management conference is scheduled Jan. 9, 2012....Kramer agreed with the archdiocese’s central arguments: The transfers were not “realty sold,” and the transfers were a change in the form of ownership that did not make them subject to transfer tax.

“The Archdiocese of San Francisco is delighted that the Superior Court has vindicated the position the archdiocese has taken all along,” said George Wesolek, director of communications for the archdiocese.... “It would have chilled the missions of this and all churches, religions and non-profit organizations in the city, and would have sent ripples through the for-profit community as well... Fortunately, the court saw through this attempt.”

Mr. Wesolek then notes that this is another case of San Francisco Democratic Party politicians using the legal system to harass good people at public expense, just like they are doing right now with First Resort:

“The Assessor/Recorder apparently expected the archdiocese to roll over in the face of this attack but underestimated the resolve of the church. 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, but the archdiocese is hopeful that the Assessor/Recorder’s office will now be dissuaded from taking similar measures in the future.”

Don't hold your breath, George.

You can read our previous posts on the issue here.

1 comment:

Jack Smith said...

Great news. It'll be interesting to read the opinion when it is posted tomorrow.