November 21, 2009
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Animal rescue shelter loses appeal in property tax case
SAVANNAH, Mo. — M’Shoogy’s Animal Shelter and Emergency Animal Rescue continues to operate as a legal not-for-profit agency. However, the charity lost an appeal against a decision by Andrew County Assessor Ronald Christmas that M’Shoogy’s must pay property taxes.
“My understanding of the law is that only churches and government agencies are exempt from paying property taxes,” Mr. Christmas said.
Gary Silverglat, one of M’Shoogy’s co-founders, paid the 2006 taxes under protest. A technical delay prevented him from officially paying the 2007 taxes of $3,650 under protest.
In May, Circuit Court Judge Randall Jackson agreed with the Missouri Tax Commission on the 2006 protest. The judge ruled M’Shoogy’s isn’t exempt from real and personal property taxation. The judge said that the Tax Commission records showed that M’Shoogy’s failed in its burden of proof to show that its property is exclusively used for charitable or educational purposes.
Attorneys are considering how to proceed, and M’Shoogy’s has until June 30 to file an appeal of the court’s decision.
Mr. Jackson stated in his ruling that the original hearing on the appeal that M’Shoogy’s can’t be a charity because its efforts are directed toward animals rather than benefiting humans may be a misstatement of the law. However, that issue wasn’t addressed by the Tax Commission, so the judge couldn’t rule in that matter.
Mr. Silverglat and Lisa Silverglat, his wife, leased property to M’Shoogy’s until four years ago, when they donated their land to the charity.
The transfer includes the 75-acre farm purchased to house larger animals and as an animal release area, Mr. Silverglat said. The transfer of title also includes a requirement that if M’Shoogy’s ever ceases to exist, the land becomes the property of the Missouri Department of Conservation, he said.
The Silverglats started M’Shoogy’s about 23 years ago to provide veterinary services at cost, to conduct animal rescue work throughout the state and to support law enforcement agencies throughout Northwest Missouri when they have to deal with animals, either wild or domestic. The animal costs currently run at about $300,000 a year and a board of directors works to find donations to keep the programs operating, Mr. Silverglat said.
Marshall White can be reached
at marshall@npgco.com.
This story has 7 comments. Click here to join in on the discussion.
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NOT GOOD. I really wish the county would reconsider. I don't understand why not for profit agencies should be forced to cut into their minimal funds to pay community property taxes. The whole purpose of not for profit agencies IS TRYING TO HELP THE COMMUNITY. Plus, this is a true no kill animal sanctuary that scrapes by on VOLUNTEERS ALONE (please volunteer!!). :) Very rare and very wonderful! I love in Iowa and adopted a M'Shoogy's dog (Thomas Dog #150 from the Adopted Page). He is an AMAZING dog and only survived because of M'Shoogy's. Extremely disapppointing decision made by the county!!!
www.mshoogys.com
How can anyone in their right mind, who knows anything about M'Shoogy's and/or Gary and Lisa Silverglat, have any doubt in their mind whatsoever that everything the Silverglats have and do is for the animals? To say that they failed in their burden of proof to show that their property is used exclusively for charitable or educational purposes is absolutely absurd! OPEN YOUR EYES!!
For the past 23 years, the Silverglats have been caregivers and on call 24/7, 365 days a year, to the 500+ abandoned, abused and unwanted animals residing on their property, giving not only all their time and energy but also their finances as well - to the tune of approx. 7 million dollars - expecting nothing in return but hoping to find forever homes for the domestic animals and rehabilitation and release for the wildlife.
In addition, the Silverglats opened Angels Vet Clinic on the M'Shoogy's property as a low cost facility which is available to everyone, without restrictions or qualifications. Spay/Neuter surgeries range from $15 to $55. Where else can people go and get their animals "fixed" for those prices? Does the county fail to see that it will benefit by the reduced pet population?
As if that's not enough, the Silverglats take 80-100 calls per day (at all hours of the day and night) not only from the general public regarding abused, abandoned, and roaming animals but also from such agencies as the Sheriff's Dept. It's nothing for the Silverglats to get up in the middle of the night and drive many miles away to respond to a request from the Sheriff's Dept. to pick up an injured animal wandering down a lonely, dark highway.
To think that the county wants to charge them taxes on the M'Shoogy's property - are they CRAZY! - SHAME ON THE COUNTY!! The county should be paying M'Shoogy's/the Silverglats for their unconditional service and sacrifice to the animals that no one else wants to deal with. If that's not a charitable cause, I don't know what is!!
This is so sad. I truly hope that M'Shoogy's can afford to continue helping animals. Lord knows we need more people on this planet like them!!
the silverglats are angels with dedication and expertise. they should have the full support of the community.
Let me ask anyone/everyone a question, would you give up your life as you know it, your property, your money, or anything else for that matter to run a no kill animal shelter that requires someone to be there 24 hours, 7 days a week? Gary and Lisa have done just that. For the last 20 something years, they have given their absolute all. Oh, yes, they have also given up their sleeping. Do you sleep through the night? They don't. They get calls from Law Enforcement on wild/domesticated animals that are either running at large or being severly abused and they pick them up. They get the dogs/cats homes until they find permanent homes and even medical care. One animal that I will never forget. There was a cat that some teenage boys thought it would be fun to light on fire and watch it run around screaming. I don't know about you, but that just makes me sick. This cat, after the garbage it went through, finally has a good, permanent home. Wow, to say they don't help "people". Well, how about the people that have come looking for animals to adopt because they their young children have mental/physical issues and need an animal to help them through life. I do think that qualifies in itself. What about the elderly people who have no one and adopt an animal? Are they not being helped by M'Shoogy's? Oh yes, now let's talk about the financially challenged people. They have a vet clinic that allows people with little money to come in, get their animal vaccinations and even spayed/neutered for nearly half the cost if not even less than that. They can feel completely at ease and comfortable knowing there is somewhere they can go to get help they need. Their animals aren't reproducing and winding up with kittens/puppies and the only one who is suffering is the animal because it wounds up abused at M'Shoogys or worse yet, in the animal shelter so that someone can go and kill it. A life brought into this world needlessly to be abused or killed. If you are wondering, yes, I do have my pets spayed/neutered. I thank Gary and Lisa's vet clinic (Angel's Vet Express) for that. Savannah Government, shame on you. Go out there and see what this couple is doing. See the good they are doing not only for the local community, but outlying communities, which yes, this includes the Law Enforcement and the Department of Conservation. The Dept of Conservation uses them all the time to help with animals. I know, I have bottle fed some of them. What a joy to watch them grow and do things that you would not normally get to watch a wild animal do, to understand their habits. I learned a lot from bottle feeding animals. So, I would say it has helped me immensely. St. Joseph...Savannah....surrounding communities...please....get together and help the Silverglats. See what they are doing for all of us.
I called and talked with the owner a couple of years ago wanting to volunteer. He had no interest at all in my volunteering; all he wanted from me was money. I hope the organization is as great as the comments make it out to be. Unfortunately, my one experience was extremely negative.