Indiana Supreme Court: Application of a negative adjustment to common area land owned by Homeowners’ Associations, as required under a land order, was “inherently objective” and could be challenged using the former Form 133

Indiana Supreme Court: Application of a negative adjustment to common area land owned by Homeowners’ Associations, as required under a land order, was “inherently objective” and could be challenged using the former Form 133

In Muir Woods Section One Association, Inc., et al. v. Marion County Assessor (August  26, 2021), the Indiana Supreme Court concluded that, while determining value for the base rate of land may be a subjective determination, application of a land order’s negative adjustment to the base rate, once established, was … [Read more...]

No Indiana property tax exemption for land encumbered by flowage easement

No Indiana property tax exemption for land encumbered by flowage easement

On June 29th, the Indiana Tax Court affirmed the Indiana Board of Tax Review’s ruling that land encumbered by a flowage easement did not qualify for a property tax exemption.  In Hatke v. Parke County Assessor, taxpayers owned a home on .66 acres of lakefront land in Rockville, Indiana.  More than half the acreage … [Read more...]

Indiana Board of Tax Review may not “ride in on a white horse to save the day” for Assessor who failed to prove his case

Indiana Board of Tax Review may not “ride in on a white horse to save the day” for Assessor who failed to prove his case

Name: CVS Corporation #2519-01 v. Lake County Assessor and CVS Corporation #0434-01 v. Lake County Assessor Date Issued: May 22, 2020 Property Type: Retail pharmacy Assessment Years: 2007 – 2014, 2012 – 2016 Synopsis: In Indiana property tax appeals, taxpayers and assessors alike are responsible for … [Read more...]

Hospitals, Hotels and Abatements — Indiana Tax Court tackles Property Tax Caps

Hospitals, Hotels and Abatements — Indiana Tax Court tackles Property Tax Caps

In two recent opinions and one from last spring, the Indiana Tax Court considered whether property taxes for hospitals and hotels should be calculated using the 2% or 3% tax caps.  In both opinions, the Court held that use of the 3% was appropriate under the plain language of the tax cap provisions.  In the third … [Read more...]

Indiana Tax Court affirms Voluntary Dismissals of Property Tax Appeals, where Assessor had not incurrred a “Substantial Expense”

Indiana Tax Court affirms Voluntary Dismissals of Property Tax Appeals, where Assessor had not incurrred a “Substantial Expense”

Assessor had spent little time with limited discovery prosecuting case Name: Marion County Assessor v. Stutz Business Center, LLC Date Issued: August 30, 2019 Property Type: Vacant land Assessment Years: 2012-2014 Point of Interest: Assessor challenged the Indiana Board’s granting of Taxpayer’s … [Read more...]

Indiana Tax Court “cannot ignore the parties’ and the Indiana Board’s misapprehension of the law” – applies 1% tax cap to residence that was eligible for (but not entitled) to homestead standard deduction.

Indiana Tax Court “cannot ignore the parties’ and the Indiana Board’s misapprehension of the law” – applies 1% tax cap to residence that was eligible for (but not entitled) to homestead standard deduction.

Name: Purdom v. Knox County Assessor, Knox County Property Tax Assessment Board of Appeals, and Indiana Board of Tax Review Date Issued: Feb. 11, 2020 Property Type: Single-family residence Assessment Date: March 1, 2013 Owner was denied the homestead standard deduction for 2013 for a home that she … [Read more...]