Indiana Tax Court upholds assessment reductions for big box store, finding no “infirmities” in its prior holdings allowing consideration of sales to “secondary users” and sales of vacant stores

Indiana Tax Court upholds assessment reductions for big box store, finding no “infirmities” in its prior holdings allowing consideration of sales to “secondary users” and sales of vacant stores

Let the decisions stand!  On September 7, 2016, the Indiana Tax Court relied on the well-established principle of stare decisis – the “foundation stone of the rule of law” – in refusing to overrule the Court’s prior decisions regarding use of comparable sales to so-called “secondary users” and sales …

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Indiana Tax Court declines to bring hammer down on Taxpayer who failed to timely respond to Request for Admissions in Income Tax appeal

Indiana Tax Court declines to bring hammer down on Taxpayer who failed to timely respond to Request for Admissions in Income Tax appeal

On September 23, 2016, an Indiana taxpayer escaped dismissal of its income tax appeal when the Tax Court allowed it to withdraw harmful deemed admissions.  Thor Industries challenged the 2008 to 2010 adjusted gross income tax assessments by the Indiana Department of Revenue, filing an appeal with the Indiana Tax …

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Hundreds of Objections Later, Indiana Tax Court Awards Attorney’s Fees in Income Tax Appeal; Court Dismisses Untimely Assessment but Declines to Hold Taxpayer was Professional Gambler

Hundreds of Objections Later, Indiana Tax Court Awards Attorney’s Fees in Income Tax Appeal; Court Dismisses Untimely Assessment but Declines to Hold Taxpayer was Professional Gambler

In two opinions issued March 7, 2016, the Indiana Tax Court dealt another hand in the (seemingly never-ending) discovery dispute between Gambler Nick Popovich and the Department of Revenue, awarding Popovich $24,963 and the Department $5,175.25 in attorney’s fees. For background on the appeal, review my prior …

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Invalid “Dark Box” Property Tax Claims Misinform Indiana and Michigan Legislatures

Invalid “Dark Box” Property Tax Claims Misinform Indiana and Michigan Legislatures

I wanted to share an article that I co-authored that was included in the July 2016 edition of the IPT Insider.  Among other things, the article observes:  “Assigning value to property based on a taxpayer’s business operations will unlawfully tax properties based on both intangible assets and intangible …

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Market data which did not relate to valuation date could not support assessment reduction for lakeside rental property before Indiana Tax Court

Market data which did not relate to valuation date could not support assessment reduction for lakeside rental property before Indiana Tax Court

  Due to technical issues, I have been unable to distribute posts to subscribers over the past several weeks.  I apologize for the absence and look forward to renewing updates on a regular basis! The Owner of a lakeside rental property failed to connect her market evidence to the relevant valuation …

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Indiana Homeowners failed to prove $0 value for partially constructed residence assessed as 100% complete

Indiana Homeowners failed to prove $0 value for partially constructed residence assessed as 100% complete

In Jones v. Jefferson County Assessor (May 4, 2016), Homeowners in Jefferson County argued that their partially constructed home should not have been assessed as 100% complete for the 2008 and 2009 tax years.  In fact, they argued, the residence should be assigned a $0 value for assessment purposes.  The home …

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