Proceed with Caution, Part VIII (April 2013):  Objections In Indiana Property Tax Appeals – Appraisals are Hearsay, Rebuttal Exhibits, Relevance, Pre-hearing Exchanges, Judicial Notice

Proceed with Caution, Part VIII (April 2013): Objections In Indiana Property Tax Appeals – Appraisals are Hearsay, Rebuttal Exhibits, Relevance, Pre-hearing Exchanges, Judicial Notice

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 considered the assessor's objection to the admission of the homeowners' two appraisals as … [Read more...]

Indiana Tax Court Decides Foreign Source Dividends Are Deductible in Calculating Indiana NOLs

Indiana Tax Court Decides Foreign Source Dividends Are Deductible in Calculating Indiana NOLs

On March 28, 2013, the Indiana Tax Court issued its decision in Caterpillar, Inc. v. Indiana Dept. of State Revenue, holding that dividend income from foreign subsidiaries is deductible when calculating Indiana net operating losses.  The decision presents an opportunity for Indiana taxpayers with income from … [Read more...]

Proceed with Caution, Part VII (March 2013):  Jurisdiction in Indiana Property Tax Assessment and Exemption Appeals; Filing Petitions on Time (and Proving It)

Proceed with Caution, Part VII (March 2013): Jurisdiction in Indiana Property Tax Assessment and Exemption Appeals; Filing Petitions on Time (and Proving It)

Jurisdiction … It's about Property Taxes (for the Year Under Appeal) Indiana Board had jurisdiction to consider proper application of property "tax caps."  Fred W. Heaney v. St. Joseph County Assessor, Pet. No. 71-001-08-3-5-00001 (April 19, 2012) (March 1, 2008 assessment).  The Indiana Board held that it has … [Read more...]

Purchases of Industrial Magnets Attract Indiana Use Tax Assessments; One Sticks, Three Don’t

Purchases of Industrial Magnets Attract Indiana Use Tax Assessments; One Sticks, Three Don’t

Producer of dry milled corn products claimed it used magnets in its production process The Indiana Department of Revenue assessed use tax against a producer of dry milled corn products for its purchases of industrial magnets.  Producer claimed the magnets were exempt from sales and use tax because they were used … [Read more...]

Indiana Board of Tax Review rules on application of new statute permitting use of comparable assessments to challenge a property’s value

Indiana Board of Tax Review rules on application of new statute permitting use of comparable assessments to challenge a property’s value

          Indiana Code § 6-1.1-15-18, added to Indiana law by P.L. 146-2012, provides that to accurately determine a property’s market value-in-use, a taxpayer or an assessing official may: (1) in a residential property proceeding, introduce evidence of the assessments of comparable properties located in the same … [Read more...]