Summary
affirming BTLA's dismissal of appeal of selectmen's refusal to act on abatement request, even though appeal was only five days late
Summary of this case from Appeal of Taylor HomeOpinion
No. 82-150
Decided October 12, 1982
Taxation — Appeals — Time Where taxpayer filed a request with his town selectmen for an abatement of his property tax, which was never acted upon, his appeal to the board of taxation was properly dismissed as untimely where the appeal was filed six months and five days after the date he received the property tax bill. RSA 76:16-a I (Supp. 1981).
Winer, Pillsbury Bennett, of Nashua (Robert W. Pillsbury on the brief and orally), for Stanley Roketenetz, Jr.
Soule, Leslie, Bronstein Zelin, of Salem (Barbara F. Loughman on the brief and orally), for the Town of Pelham.
MEMORANDUM OPINION
The taxpayer received a property tax bill for his real estate in Pelham on November 21, 1980, and on February 6, 1981, he filed a request with his town selectmen for an abatement. Unfortunately and regrettably, as often occurs, the selectmen never acted upon the request and, therefore, on May 26, 1981, the taxpayer appealed to the board of taxation. The appeal was dismissed for failure to comply with the terms of RSA 76:16-a I (Supp. 1981). That statute requires that, if the selectmen "neglect or refuse" to abate the tax, an appeal must be taken to the board of taxation within six months after the date of "notice of such tax."
Even though the notice of appeal to the board of taxation was filed only five days late, this court has previously held that six months means six months, Arlington Am. Sample Book Co. v. Board of Taxation, 116 N.H. 575, 576, 364 A.2d 878, 879 (1976), and we see no reason to overrule that case. The case of Appeal of Wood Flour, Inc., 121 N.H. 991, 437 A.2d 286 (1981), is clearly inapposite.
Affirmed.