Indiana Tax Court to Assessor: “Taxpayers deserve more than taxation by trickery”

Indiana Tax Court to Assessor: “Taxpayers deserve more than taxation by trickery”

On May 24, 2018, the Indiana Tax Court in Switzerland County Assessor v. Belterra Resort Indiana, LLC partially reversed the Indiana Board of Tax Review, ordering a further reduction to the values of its hotel, riverboat casino, golf course and related property for the 2009 to 2014 assessments – resulting in … [Read more...]

Evidence of Construction Costs and Comparable Assessments Insufficient to Challenge Indiana Homeowner’s Property Tax Value

Evidence of Construction Costs and Comparable Assessments Insufficient to Challenge Indiana Homeowner’s Property Tax Value

In Guthrie v. Clark County Assessor (August 13, 2019), Taxpayer challenged the 2018 assessment of her home, pole barn and other improvements before the Indiana Board of Tax Review. She argued that the actual construction costs were below the assessed value. Taxpayer’s husband was a builder and contractor, and … [Read more...]

Avoiding Procedural Pitfalls, Indiana Churches Attain Property Tax Exemptions

Avoiding Procedural Pitfalls, Indiana Churches Attain Property Tax Exemptions

Indiana law provides several avenues to achieve property tax exemptions for property used to advance religious purposes. In June 2019, The Indiana Board of Tax Review approved application of property tax exemptions to a church and a family-life center. In both cases — New Testament Baptist Church v. Boone County … [Read more...]

Tax Court rejects Indiana Board’s “Throwing Darts” to Conclude to a Capitalization Rate That Neither Party’s Appraiser Offered Into Evidence 

Tax Court rejects Indiana Board’s “Throwing Darts” to Conclude to a Capitalization Rate That Neither Party’s Appraiser Offered Into Evidence 

Name:  Madison County Assessor v. Sedd Realty Company Date Issued:  May 22, 2019 Property Type: Shopping Center Assessment Dates: 2009-2012 Point of Interest:  The Indiana Board of Tax Review acted arbitrarily and capriciously by applying a capitalization rate that no appraiser relied upon and that was … [Read more...]

Despite Market Value USPAP Appraisal and $0 Acquisition Price, Owner of Special Purpose Property Failed to Prove Assessment of Property Should be Reduced

Despite Market Value USPAP Appraisal and $0 Acquisition Price, Owner of Special Purpose Property Failed to Prove Assessment of Property Should be Reduced

Name: Wigwam Holdings LLC v. Madison County Assessor Date Issued: May 8, 2019 Property Type: 220,000 SF building, including a natatorium, auditorium and 8,996 seat basketball facility Assessment Date: March 1, 2015 Point of Interest: Wigwam Holdings LLC (“Holdings”) claimed that an appraisal and … [Read more...]

Proceed with Caution:  Depending on the Facts of the Property and the Assessment, Taxpayer or Assessor May have the Burden of Proof for Indiana Property Tax Appeals

Proceed with Caution: Depending on the Facts of the Property and the Assessment, Taxpayer or Assessor May have the Burden of Proof for Indiana Property Tax Appeals

Last week I spoke at a seminar regarding recent developments involving Indiana property tax appeal procedures.  Following are summaries of various rulings of the Indiana Board of Tax Review ("IBTR") involving the burden of proof in property tax appeals.  The following addresses two statutes -- Ind. Code §§ … [Read more...]