California appellate court melts ice cream producer’s external obsolescence claim for a reduction in the assessed value of its personal property

California appellate court melts ice cream producer’s external obsolescence claim for a reduction in the assessed value of its personal property

In Dreyer’s Grand Ice Cream, Inc. v. County of Kern, Cause No. F064154 (July 22, 2013), the California Court of Appeals observed that an external obsolescence adjustment to the assessed value of personal property may be justified when there is excess capacity (or underutilization) that is recognized in the market … [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...]

Indiana Property Tax:  IndyGo’s Requests for $1+ Million in Shortfall Appeals Fall Short

Indiana Property Tax: IndyGo’s Requests for $1+ Million in Shortfall Appeals Fall Short

IndyGo is a public transportation corporation providing bus service throughout Marion County, excluding the Cities of Lawrence and Southport and the Town of Speedway.  In 2008, IndyGo sought approval to impose an excess property tax levy of $1,047,369 because it suffered property tax revenue shortfalls for the … [Read more...]

Indiana Property Tax:  Decision on Loan Resolution Remanded to Department of Local Government Finance to Consider Residents’ Constitutional Challenges

Indiana Property Tax: Decision on Loan Resolution Remanded to Department of Local Government Finance to Consider Residents’ Constitutional Challenges

In Brown et al. v. Dep’t of Local Gov’t Fin. (May 24, 2013), Residents challenged the approval by the Department of Local Government Finance (the agency responsible for, among other things, approving local budgets and tax rates) of the Gregg Township Board’s loan resolution for the March 1, 2010 assessment date.  … [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...]