How not to win friends
By Steve Bailey, Globe Columnist | June 21, 2006
Don Chiofaro, once a star linebacker and captain of the Harvard football team, is a scrapper, a man who likes contact.
The developer of International Place fought and won a long court battle with his former lender, Teachers Insurance and Annuity Association of America, and won another court battle with his former equity partner, Hillman Properties. When he lost the rights to build what became the successful One Lincoln Street tower downtown, he sued and lost to a group of minority investors who were his partners. Most recently he went to war against giant Tishman Speyer Properties -- ``a gang of pirates," he called them -- who tried unsuccessfully to dislodge him from atop International Place.
Now Chiofaro is doing battle again, this time against the City of Boston. His goal: to slash International Place's property tax bill by $3.75 million, or 21 percent. And, by the way, Chiofaro is hoping the mayor will back his new plan for a huge mixed-use project just across the Rose Fitzgerald Kennedy Greenway from International Place. Good luck, pal.
Testimony is to resume this week at the state's appellate tax board into Chiofaro's appeal of the $17.6 million tax bill last year for International Place's twin towers. Chiofaro's abatement request has drawn a strong response from the city, which notes that International Place's tax bill has declined 5.2 percent in five years while single-family taxpayers have seen their property tax bills soar 38.4 percent.
The arguments are arcane in a way that only a tax lawyer could love. But at base the city accuses Chiofaro of trying to game the system by valuing International Place much higher when it suited his purposes in his bitter battle with Tishman Speyer in bankruptcy court and much lower only months earlier when it suited his purposes for taxes. Chiofaro says the differing approaches are entirely appropriate.
In its fight with Tishman, the Chiofaro Co. filed for bankruptcy and brought in a new partner, Prudential Real Estate Investors, which recapitalized the property at $734 million, or $200 million more than the fiscal year '05 assessment from a year earlier, the city says. Three independent appraisals were done within a year, ranging from a high of $715 million to a low of $600 million by Cushman & Wakefield. Cushman, however, put a $424 million value on International Place in a separate appraisal for tax purposes.
``This is $176 million, or 30 percent, less than the value they told the bankruptcy court for a valuation just four months later," city assessor Ronald Rakow says.
Chiofaro's longtime partner, Ted Oatis, says this is the first time International Place has challenged its assessment, and had an obligation to do so on behalf of its tenants. Oatis offered several examples where the city had set the assessment far below the sales price of particular buildings. Such differing valuations are common, he said. ``There is clearly a difference of opinion, and that is why we are going through this process," Oatis said.
Rakow said Chiofaro was ``taking these differences to the extreme to hide from the strong investment demand for office towers . . . When you cut through all the smoke, the basic fact is that the assessment and underlying taxes for Mr. Chiofaro's building have actually declined during a period when office properties have sold at record prices. With this as a context, and given the $734 million recapitalization of his property, and the $600 million plus valuations presented to the bankruptcy court, does he really believe he's been over-assessed?" The city says the building's worth $539 million.
Every taxpayer, big and small, has a right to challenge his tax bill.
But our mayor is a man who keeps score, and no project in this city goes anywhere without his support. Tom Menino doesn't much like Don Chiofaro anyway. Chiofaro's battle to pay less taxes at a time when homeowners are paying more won't help.
Steve Bailey is a Globe columnist. He can be reached at
bailey@globe.com or at 617-929-2902.