“No indication” that comps had similar, significant features, so purportedly comparable assessments don’t support Assessor’s property tax value

“No indication” that comps had similar, significant features, so purportedly comparable assessments don’t support Assessor’s property tax value

From the perspective of contested assessed value – $3,500 assessed v. $1,800 requested for an unimproved, residential lot in Goshen – the decision in Myers v. Elkhart County Assessor (Aug. 9, 2013) is irrelevant.  The tax dollars at issue would not justify the expense to the parties to prosecute the case and for … [Read more...]

A Hit (assisted living factility) and a few Misses (office, manufacturing, lodge space) with 2013 Indiana Property Tax Exemption Appeals

A Hit (assisted living factility) and a few Misses (office, manufacturing, lodge space) with 2013 Indiana Property Tax Exemption Appeals

Indiana offers several property tax exemptions, but the most common - and the most contested - is the exemption for (among other things) charitable, educational  and religious purposes permitted by Indiana Code § 6-1.1-10-16.  To qualify its real and/or personal property for the exemption, a taxpayer must meet a … [Read more...]

Property Tax – Indiana Board of Tax Review tackles ratio studies, short sales and foreclosures, USPAP appraisals and comparable sales

Property Tax – Indiana Board of Tax Review tackles ratio studies, short sales and foreclosures, USPAP appraisals and comparable sales

This post was contributed by Nick Alford, a summer associate at Faegre Baker Daniels working in our Indianapolis office.  Nick will be starting his third year of law school at the Maurer School of Law in Bloomington, Indiana, this fall. Assessor failed to show property wasn't the “same property” for purposes of … [Read more...]

Proceed With Caution, Part X (June 2013):  Assessor should “vigorously” defend or settle property tax assessments; burden-shifting update; continuance denied; PTABOA loses authority; limits on exemption appeals; Assessor’s “specious” argument on filing deadline

Proceed With Caution, Part X (June 2013): Assessor should “vigorously” defend or settle property tax assessments; burden-shifting update; continuance denied; PTABOA loses authority; limits on exemption appeals; Assessor’s “specious” argument on filing deadline

Indiana Board admonishes assessor for wasting its time; Owner failed to offer evidence of prior year's assessment, so burden of proof didn't shift.  Skish v. Lake County Assessor, Pet. No. 45-004-06-1-5-0001 to -0003 (April 4, 2013) (March 1, 2006 assessment date) [Small Claims docket].  In this appeal of three … [Read more...]

In two opinions, Indiana Tax Court affirms property tax assessments of commercial land and manufactured home community

In two opinions, Indiana Tax Court affirms property tax assessments of commercial land and manufactured home community

Tax Court upholds application of 100% influence factor to commercial land; Court refuses to consider newly raised arguments In Kooshtard Property VIII, LLC v. Shelby County Assessor, Cause No. 49T10-1011-TA-58 (April 29, 2013), the Tax Court affirms the Indiana Board of Tax Review’s final determination upholding … [Read more...]

Proceed with Caution, Part IX (May 2013):  Indiana Board remains neutral; Affidavit is hearsay; Board threatens to disqualify “local government representative”; Update on 5% burden-shifting rule; New issues in small claims appeals prohibited

Proceed with Caution, Part IX (May 2013): Indiana Board remains neutral; Affidavit is hearsay; Board threatens to disqualify “local government representative”; Update on 5% burden-shifting rule; New issues in small claims appeals prohibited

In battle of appraisals with “significant weaknesses,” Indiana Board refuses to make the case for either party.   Engler v. Washington County Assessor, Pet. No. 88-009-11-1-5-00002 (March 21, 2013) (March 1, 2011 assessment).  Owner challenged the assessment of a single family residence on 93.66 acres that … [Read more...]