Margaret Fuller2 360x1000
1falsewitness
8albion'
10abion
Learned Hand 360x1000
Spottswood William Robinson 360x1000
3defense
399
4albion
199
1defense
Mary Ann Evans 360x1000
AlexRosenberg
Margaret Fuller 2 360x1000
Margaret Fuller 360x1000
1paradide
11632
Thomas Piketty2 360x1000
1lookingforthegoodwar
1madoff
Anthony McCann1 360x1000
storyparadox3
Anthony McCann2 360x1000
Thomas Piketty3 360x1000
2falsewitness
2lookingforthegoodwar
2paradise
1trap
Maurice B Foley 360x1000
lifeinmiddlemarch1
Richard Posner 360x1000
14albion
Samuel Johnson 360x1000
Edmund Burke 360x1000
Margaret Fuller3 360x1000
12albion
2gucci
6confidencegames
2jesusandjohnwayne
George M Cohan and Lerarned Hand 360x1000
1lafayette
3confidencegames
2defense
2theleastofus
Margaret Fuller1 360x1000
George F Wil...360x1000
Tad Friend 360x1000
1albion
Brendan Beehan 360x1000
13albion
3paradise
6albion
499
1transcendentalist
Gilgamesh 360x1000
1gucci
Stormy Daniels 360x1000
Storyparadox1
lifeinmiddlemarch2
9albion
3theleastofus
7albion
2lafayette
storyparadox2
Lafayette and Jefferson 360x1000
Thomas Piketty1 360x1000
2albion
Ruth Bader Ginsburg 360x1000
2transadentilist
3albion
Mark V Holmes 360x1000
7confidencegames
1theleasofus
2trap
Betty Friedan 360x1000
1confidencegames
5albion
5confidencegames
4confidencegames
11albion
Margaret Fuller5 360x1000
2confidencegames
1jesusandjohnwayne
Susie King Taylor 360x1000
LillianFaderman
Adam Gopnik 360x1000
Susie King Taylor2 360x1000
1empireofpain
Maria Popova 360x1000
Office of Chief Counsel 360x1000
1lauber
James Gould Cozzens 360x1000
299
Margaret Fuller4 360x1000

Originally published on Forbes.com July 26th, 2013

Believers in the theory that federal land patents defeat property taxes have been dealt a blow by this decision by the Wisconsin Court of Appeals.  It is a rather interesting theory.  The idea is that if title to your land traces back to a patent issued by the federal government, then municipalities and counties cannot tax it since they could not tax it when it belonged to the federal government.  Of course, you might have to do some paperwork in order to claim the benefit.  Alan Kreglow will help you with the process and explain it more thoroughly.
A lot of land in the United States traces back to federal land patents.

We don’t want to think too hard about how it is that the federal government came to own the land.  It was not always a pretty process.  One of the reasons taxes were low in the 19th Century was that the government had quite a bit of revenue from land sales.  Of course not all land titles in the United States trace back to federal land patents.  It may well be most of it, at least in terms of area – all those rectangle shaped states that you fly over when going coast to coast.  I’ll have to make a project of figuring that out some time.

In the latest Wisconsin case, Gary Charles Lizalek had several reasons why his land in the County of Milwaukee should not be foreclosed.  Front and center was the notion that title tracing to a federal land patent made the property exempt:

Lizalek first contends that the County had no right to tax his land because the federal government conveyed the land with a clear title to an owner “and to his heirs and assigns forever” through a “federal land patent” in 1837. Lizalek contends that he is the assignee of that land patent, so the County cannot encumber the title to his land; his land is not subject to the political jurisdiction of the State of Wisconsin or the County.

The second sentence really fascinates me.  Many tax protester theories concerning the income tax are based on the idea that the federal government is sharply limited and constrained so that it can only apply the income tax to people who live in the District of Columbia or something like that.  The land patent people, on the other hand, argue for a kind a federal supremacy that a land owner gets a small sliver of.  Their title stretches back to a piece paper signed by Martin Van Buren.  Wisconsin was barely a territory then.
The Court made short work of his argument:

The federal courts have squarely rejected this argument, ruling that federal government conveyances of property by federal land patent in centuries past “do not prevent the creation of later interests and have nothing to do with claims subsequently arising under state law.” See Wisconsin v. Glick, 782 F.2d 670, 672 (7th Cir. 1986). The fact that Lizalek’s land, like other land in the State of Wisconsin, was conveyed by federal land patent long ago is irrelevant to the County’s authority to tax the property.

It Does Not Work
In response to a Michigan case, a few months ago, I went looking, pretty thoroughly, to see if anybody had ever gotten so much as the time of day from making the land patent argument with respect to property taxes.  My sources and research skills are pretty good, but everything I came up with was negative.  I had a bit of an exchange with Alan Kreglow, but none of the cases he pointed to had anything to do with property taxes.  This is more or less a summation of his argument:

The real point is NOT that courts are deciding en masse in favor of people seeking to have their property taken off the tax rolls, but that our courts are deeply corrupt and are ignoring the lawful principle of stare decisis by IGNORING U.S. Supreme Court decisions consistently upholding the power of the land patent in decisions that ruled in favor of those claiming the “forever” benefit of the land patent.

I have seen opinion letters from state attorneys general stating flatly that when land was transferred into private ownership it became subject to property tax, but this point is always asserted with no Supreme Court authority to back up the bald assertion.  There is no logic to this, aside from the fact that the state WANTS to tax the land and has passed statutes that assert they can.  But this violates the Constitution of the United States of America and such statutes are generally unconstitutionally vague.

I had a friend who got deep into the tax protester movement.  He and I would have these interesting discussions.  When I showed him decisions that flat out said the theories he was propounding were wrong, his answer was “The courts are corrupt”.  Mr. Kreglow’s response is similar.  The argument is that he is right and the lower courts should be deciding that way, they just don’t.  He is violating one of my fundamental tax planning tenets – “It is what it is. Deal with it.”

I’m not sure how big this movement is.  Given the large number of taxing jurisdictions in the country, I would not be shocked if making the argument has worked in some small town somewhere.  If you decide to try it, be aware that some states, like Indiana, have very unforgiving systems that will cause you to lose your property pretty quickly if you don’t pay the taxes.
You can follow me on twitter @peterreillycpa.