Proceed with Caution – Indiana property tax appeals:  Burden of proof shifts for “aberrational” assessments; appealing $50 penalty for failure to appear at County Board hearing; omitting untimely exhibits

Proceed with Caution – Indiana property tax appeals: Burden of proof shifts for “aberrational” assessments; appealing $50 penalty for failure to appear at County Board hearing; omitting untimely exhibits

  A 5%+ assessment increase is “aberrational” where the property has not substantially changed year-to-year, so the Assessor carries the burden of proof.  I have previously posted about Indiana’s adoption of a burden-shifting statute in property tax appeals.  See, for example, my discussions here and … [Read more...]

Racquet Club argues for lower land assessments that “felt right,” loses Indiana property tax appeals in straight sets

Racquet Club argues for lower land assessments that “felt right,” loses Indiana property tax appeals in straight sets

On August 21, 2014, the Indiana Tax Court in Indianapolis Racquet Club, Inc. v. Marion County Assessor, Cause No. 49T10-1201-TA-1, affirmed the 2002 assessment of a tennis club situated on three contiguous parcels and comprised of indoor and outdoor tennis courts, locker rooms, and retail and administrative space … [Read more...]

Indiana property tax rulings:  charitable purpose exemption for rented home and duplex; taxpayers prevail with USPAP appraisal, lose with “hodgepodge” of questionable valuation methods

Indiana property tax rulings: charitable purpose exemption for rented home and duplex; taxpayers prevail with USPAP appraisal, lose with “hodgepodge” of questionable valuation methods

The following summaries of final determinations by the Indiana Board of Tax Review from the first half of 2014 were prepared by Noeli E. Serna, a 2014 summer associate at Faegre Baker Daniels who will be entering her second year of law school at Northwestern University School of Law this fall. Indiana Board … [Read more...]

Proceed with Caution, Part XIV:  New Indiana Board rulings apply the modified burden of proof statute for property tax appeals

Proceed with Caution, Part XIV: New Indiana Board rulings apply the modified burden of proof statute for property tax appeals

  Earlier this year, I reported on the enhancement of Indiana’s burden of proof statute, which became effective March 25, 2014.  Generally, the Assessor has the burden of proof on appeal if the challenged assessment is more than 5% over the same property’s finally determined assessment for the prior … [Read more...]

Tissue bank owned by for-profit and leased to related non-profit exempt from Indiana property tax

Tissue bank owned by for-profit and leased to related non-profit exempt from Indiana property tax

In Hamilton County Assessor v. SPD Realty, LLC, Cause No. 49T10-1104-TA-28 (May 27, 2014) (March 1, 2009 assessment date), the Indiana Tax Court affirmed the grant of a charitable purpose exemption where the office building was owned by SPD Realty, a for-profit limited liability company, and leased to New Life, a … [Read more...]

Indiana condominium owners failed to show their unit suffered from obsolescence or was valued higher than comparable properties

Indiana condominium owners failed to show their unit suffered from obsolescence or was valued higher than comparable properties

  In Kamenova v. Marion County Assessor, Cause No. 49T10-1108-TA-49 (June 4, 2014), Owners of a condominium unit argued the unit’s 2006 assessment was too high due to the negative impact of excessive noise, foul odors, and persistent crime on the property’s value.  The unit was located in a six-story, … [Read more...]