Section 12A. If the owner of a parcel of real estate files an appeal of the assessed value of said parcel with the board for either of the next two fiscal years after a fiscal year for which the board has determined the fair cash value of said parcel and if the assessed value is greater than the fair cash value as determined by the board, the burden shall be upon the appellee to prove that the assessed value was warranted and upon failure of the appellee to do so, the board may, in its discretion, tax as costs against the appellee, in addition to witness fees and expenses of service of process, the whole or any part of the reasonable expense of the taxpayer incurred in the preparation, entry and trial of his appeal. Should the board find that the assessed value was warranted, then it may tax such costs of the appellee against the appellant. Such costs shall be certified and paid as provided in section 12.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 58a - Appellate Tax Board
Section 1a - Quorum; Decisions by a Single Member of Board
Section 2 - Principal Office; Meetings; Hearings
Section 3 - Reports and Opinions; Publication; Sale
Section 5 - Traveling Expenses
Section 5a - Appointment of Employees; Expenditures
Section 7 - Appeals; Petition; Answers; Fees; Abatement
Section 7a - Informal Procedure
Section 7b - Small Claims Procedure
Section 8a - Discovery Procedure
Section 9 - Service of Process
Section 10 - Recording of Proceedings; Electronic Transcription; Costs; Waiver of Appeal
Section 11 - Oaths; Witnesses; Depositions
Section 12 - Costs; Witness Fees; Service of Process
Section 12b - Evidence of Fair Cash Valuation or Classification of Property; Admissibility
Section 12c - Appeals; Reports of Assessment Ratios; Admissibility in Evidence; Abatement
Section 12d - Electric or Gas Company Property; Abatement or Reclassification; Appeals
Section 13 - Findings; Decisions; Opinions; Reports; Appeals; Costs
Section 14 - Disproportionate Assessments; Measure of Damages