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Started By
Message
re: $8.41 in taxes man that's gonna leave a mark
Posted on 12/18/18 at 12:51 pm to Dale51
Posted on 12/18/18 at 12:51 pm to Dale51
Michigan Supreme Court filing.
There is perhaps no more troubling and unjust
example of an abuse of the forfeiture power as what
Oakland County, Michigan, did to 82-year-old, Uri
Rafaeli. Mr. Rafaeli inadvertently underpaid the 2011
property taxes on his $60,000 Southfield, Michigan,
home by $8.41. See Rafaeli, LLC v. Oakland County,
No. 330696, 2017 WL 4803570, at *5 (Mich. Ct. App.
Oct. 24, 2017) (Shapiro, J., concurring). Rafaeli paid
the 2012, 2013, and early 2014 taxes in full and on
time. Nevertheless, in 2014, Oakland County
foreclosed on the property to collect the $8.41 tax
deficiency dating back to 2011. Rafaeli, LLC v. Wayne
County, No. 14-13958, 2015 WL 3522546, at *2 (E.D.
Mich. June 4, 2015). The County auctioned the
property for $24,500 and refused to refund Rafaeli any
of the $24,215 that exceeded the total tax debt,
penalties, interest, and costs. Id. The County called
the taking of the property a forfeiture, even though
the property was neither an instrumentality nor
product of criminal activity.
LINK
There is perhaps no more troubling and unjust
example of an abuse of the forfeiture power as what
Oakland County, Michigan, did to 82-year-old, Uri
Rafaeli. Mr. Rafaeli inadvertently underpaid the 2011
property taxes on his $60,000 Southfield, Michigan,
home by $8.41. See Rafaeli, LLC v. Oakland County,
No. 330696, 2017 WL 4803570, at *5 (Mich. Ct. App.
Oct. 24, 2017) (Shapiro, J., concurring). Rafaeli paid
the 2012, 2013, and early 2014 taxes in full and on
time. Nevertheless, in 2014, Oakland County
foreclosed on the property to collect the $8.41 tax
deficiency dating back to 2011. Rafaeli, LLC v. Wayne
County, No. 14-13958, 2015 WL 3522546, at *2 (E.D.
Mich. June 4, 2015). The County auctioned the
property for $24,500 and refused to refund Rafaeli any
of the $24,215 that exceeded the total tax debt,
penalties, interest, and costs. Id. The County called
the taking of the property a forfeiture, even though
the property was neither an instrumentality nor
product of criminal activity.
LINK
1
Posted on 12/18/18 at 12:52 pm to The Maj
quote:Looks like he paid the 496 but fricked up on the penalties.
See, right here is where I have the issue... I am not familiar with Michigan property law and procedures but how did he learn of his mistake? Surely 2014 was not the first notice of delinquency...
Posted on 12/18/18 at 12:52 pm to Jbird
That is completely outrageous.
Posted on 12/18/18 at 12:53 pm to Jbird
quote:
Only Michigan’s high court now has the power to declare this “gross injustice” unconstitutional.
Which constitution? If federal courts have already ruled they do not have jurisdiction then apparently there is Michigan law on the books concerning the matter...
Posted on 12/18/18 at 12:54 pm to The Maj
Posted on 12/18/18 at 12:54 pm to Jbird
quote:
"You can't confiscate a house for such a ridiculous amount," Yair Adegeko, the son-in-law of Uri Rafaeli, told Hill.TV's Buck Sexton earlier this month.
Wanna bet?
Posted on 12/18/18 at 12:57 pm to Jbird
Why didn't he just pay the $8.41? I'm sure he got notices. Was he being a hard-arse and daring them just to make a point?
Posted on 12/18/18 at 12:57 pm to Jbird
quote:
This one.
Ok, well one of the previous articles that you linked said "the Michigan Supreme Court will decide the 5th Amendment Violation" which implied US Constitution...
Not trying to be argumentative just really curious about this kind of thing...
Posted on 12/18/18 at 12:58 pm to tigerpawl
quote:He fricked up on the penalties, paid his taxes in full, also for the next three years in full.
Why didn't he just pay the $8.41? I'm sure he got notices
Posted on 12/18/18 at 12:58 pm to The Maj
quote:Naw Maj I know you weren't.
Not trying to be argumentative just really curious about this kind of thing...
Posted on 12/18/18 at 12:59 pm to The Maj
quote:
See, right here is where I have the issue... I am not familiar with Michigan property law and procedures but how did he learn of his mistake? Surely 2014 was not the first notice of delinquency...
Like I said, I am not siding either way really...
I'm not even sure how you could find this to be relevant. They took his property over less than $10 in taxes.
Posted on 12/18/18 at 1:02 pm to Jbird
quote:How much of a fricking piece of shite are they to forclose on an 82 year old man's home over less than 9 fricking dollars?
The County auctioned the
property for $24,500 and refused to refund Rafaeli any
of the $24,215 that exceeded the total tax debt,
penalties, interest, and costs. Id. The County called
the taking of the property a forfeiture, even though
the property was neither an instrumentality nor
product of criminal activity.
These people should be drug into the street and shot.
Posted on 12/18/18 at 1:10 pm to imjustafatkid
quote:
They took his property over less than $10 in taxes.
More than likely, the process was started BEFORE he made the error and the case was not closed because there was still a delinquent amount... So, do you think the State did not send notices? That is how this is relevant...
Posted on 12/18/18 at 1:12 pm to The Maj
quote:
More than likely, the process was started BEFORE he made the error and the case was not closed because there was still a delinquent amount... So, do you think the State did not send notices? That is how this is relevant...
But it isn't. He made an effort to pay his taxes. That he left off $8.41 in interest really isn't relevant and should not give the government the right to take something worth far more than $8.41 from him.
Posted on 12/18/18 at 1:15 pm to imjustafatkid
quote:
But it isn't. He made an effort to pay his taxes.
Not for two years he did not make an effort... The original mistake was made in 2011... he paid taxes in 2012 and 2013 but did not realize the mistake until 2014?
Also, this property was owned by his business and it was apparently not his primary residence...
So, it is relevant... like I said, more to the story...
Posted on 12/18/18 at 1:19 pm to imjustafatkid
quote:
That he left off $8.41 in interest really isn't relevant and should not give the government the right to take something worth far more than $8.41 from him.
He had to have gotten notices that $8.41 was still owed. There is no way that he wasn't told of that.
Posted on 12/18/18 at 1:24 pm to The Maj
quote:
Surely 2014 was not the first notice of delinquency...
I agree.
This is not plausible.
If a person underpays one years taxes, that amount is added to the next years tax bill plus interest.
Posted on 12/18/18 at 1:27 pm to Montezuma
quote:
He had to have gotten notices that $8.41 was still owed. There is no way that he wasn't told of that.
I agree. If that amount was not paid in that year, that amount would simply be added to the next tax cycle. They are not going to send out 2 different bills.
Posted on 12/18/18 at 1:32 pm to Jbird
"More government means people have better lives"
Posted on 12/18/18 at 3:21 pm to Dale51
quote:
If a person underpays one years taxes, that amount is added to the next years tax bill plus interest.
Agreed. That's what should have kept happening until he paid the full bill.
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