Prescription for success:  Indiana Tax Court again affirms property tax reduction for retail property used as CVS

Prescription for success: Indiana Tax Court again affirms property tax reduction for retail property used as CVS

On May 25, 2017, the Indiana Tax Court affirmed the assessment reduction for a 10,800 square foot retail store used as a CVS in Monroe County.  In Monroe County Assessor v. SCP 2002 E19 LLC 6697 a/k/a CVS 6697-02, the Tax Court considered an appeal by the Assessor for the 2007 to 2013 tax years.  The Indiana …

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Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

Evaluating Tax Reform Proposals and Their Potential Impact on the Energy Sector

My colleagues issued this update earlier this week: It has been over thirty years since the last major overhaul of the U.S. tax code, President Reagan's Tax Reform Act of 1986. That process took over two years and required cooperation between the President and both parties in Congress. Since then, there have been …

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Indiana Tax Court deep freezes sales tax exemptions for Warehouse Operator’s purchases of equipment and electricity

Indiana Tax Court deep freezes sales tax exemptions for Warehouse Operator’s purchases of equipment and electricity

In Merchandise Warehouse Co., Inc. v. Indiana Department of State Revenue (Jan. 11, 2017), the Indiana Tax Court rejected a Taxpayer’s request for a sales tax exemption for certain freezer equipment and the electricity used to power the equipment.  Taxpayer operated a food storage warehouse.  Food …

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Online travel company did not owe Indiana sales and innkeeper’s taxes for facilitating rental of hotel rooms

Online travel company did not owe Indiana sales and innkeeper’s taxes for facilitating rental of hotel rooms

In Orbitz LLC v. Indiana Department of State Revenue (Dec. 20, 2016), the Indiana Tax Court characterized the key issue as “whether the Department erred in issuing sales and innkeeper’s tax assessments against Orbitz based on the retail rather than the wholesale rate of Indiana hotel rooms.”  (The Court did …

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Indiana Tax Court reverses classification of an apartment complex’s common area, modifying application of the 2% v. 3% tax caps

Indiana Tax Court reverses classification of an apartment complex’s common area, modifying application of the 2% v. 3% tax caps

The Tax Court in Hamilton Square Investment, LLC v Hamilton County Assessor (Oct. 5, 2016) explained, “Indiana’s property tax caps provide taxpayers with credits against their Indiana property tax liabilities” and the “amount of a credit depends on, among other things, a property’s classification (e.g., …

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Indiana Tax Court declines to dismiss property tax appeal where Trust failed to timely file administrative record

Indiana Tax Court declines to dismiss property tax appeal where Trust failed to timely file administrative record

On December 30, 2016, in Lake County Trust Co., Trust No. 6 (Flowers for Heaven, Inc.) v. St. Joseph County Assessor, the Indiana Tax Court allowed a property tax appeal to move forward on the merits, even though the Trust failed to timely file a copy of the certified administrative record with the Court.  Tax …

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