Casino Aztar tax case goes to Supreme Court

JEFFERSON CITY, Mo. -- So far in her long-running property tax dispute with Casino Aztar, Pemiscot County Assessor Donna Snider has rolled snake eyes. The Missouri Supreme Court on Tuesday provided Snider with one more opportunity to beat the house and recoup for local governments the $2.5 million in back taxes she says the casino owes.

The high court agreed to hear Snider's appeal of a State Tax Commission ruling that drastically reduced the assessed value of real and personal property owned by the Caruthersville casino from levels Snider had set. The court hasn't yet scheduled the case for arguments.

The dispute began after Aztar challenged its assessments for the 1999 tax year. As the case has continued, assessments for subsequent tax years have come into play. Aztar has set aside the disputed $2.5 million from tax years 1999 through 2003 in an escrow account pending the final resolution of the case. The money would be distributed among school districts and other taxing entities in the county should Snider prevail.

Snider had assessed the casino's property based on its replacement cost, minus depreciation for age. However, the tax commission said Snider failed to consider that the value of Aztar's property is dependent on having a state license to operate a casino and that assessments should be reduced as a result.

Snider appealed the commission's ruling, but both circuit court Judge Fred Copeland and the Missouri Court of Appeals Southern District in Springfield upheld the commission's filing.

In the application asking the state Supreme Court to hear the case, Thomas Rynard, Snider's attorney, says the commission's position "relieves the owners of casino properties of a property tax burden that is properly theirs."

Rynard further says the case has "far-reaching impacts and implications" as other businesses that require a state license to operate -- such as bars -- could apply the same rationale to reduce their property tax assessments.

The case is Donna Snider v. Casino Aztar.

mpowers@semissourian.com

(573) 635-4608