Indiana Tax Court dismisses real property tax appeal due to taxpayers’ failure to timely file the agency record, where agency issued sufficient notice and taxpayers’ “own inaction” was not “excusable neglect.”

Indiana Tax Court Rule 3(E) requires the appealing party to request a certified copy of the agency record from the Indiana Board of Tax Review within thirty days of filing the petition.  And the rule further directs:  "The petitioner shall transmit a certified copy of the record to the Tax Court within … [Read more...]

Appraisals were “hearsay” and could not, standing alone, support reduction in home’s assessed value

In Thiry v. Dearborn County Assessor, Pet. No. 15-020-10-1-5-0001 (May 17, 2012) [Small Claims Docket], the Indiana Board of Tax Review considered the assessor's objection to the admission of the homeowners' two appraisals as "hearsay." See http://1.usa.gov/MEQgB3.  Indiana Rule of Evidence … [Read more...]

No joke? Providing “mirth” insufficient to support property tax exemption for fraternal group

"Mirth is God’s medicine. Everybody ought to bathe in it." - Henry Ward Beecher Laughter may be the best medicine, but apparently it is not the best prescription for a property tax exemption.  The Indiana Board of Tax Review denied an exemption for property used to promote "mirth" … [Read more...]

Tangle over the Tango: Dance & Gymnastics School owned by S Corporation and leased to non-profit found 100% exempt from property tax.

Property tax appeals often feel like a dance between the taxpayer and assessor, and in a January 2012 decision the parties went toe-to-toe over whether a dance and gymnastics studio qualified for a 100% exemption.  In Herrick Investments, Inc. v. Marion County Assessor, Petition No. 49-500-08-2-8-00001 (Ind. … [Read more...]

Indiana Board of Tax Review relies on listing prices for industrial facility to determine its property tax value

In property tax appeals, the reviewing body frequently faces a "battle of the experts" (usually appraisers).  In 1 General Street, LLC v. Cass County Assessor, Pet. Nos. 09-010-09-1-3-00120 et al. (Jan. 31, 2012) (March 1, 2009 and 2010 assessment dates), the Indiana Board of Tax … [Read more...]

State Tax Developments for Energy & Resources, May 2012

See this update, http://www.faegrebd.com/18500, from my colleague Benjamin A. Blair: State tax laws are constantly in flux, particularly for taxpayers in the energy and resources industries. From the taxability of extraction equipment to revamped energy tax credits, these changes have wide-reaching … [Read more...]