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Wednesday, April 28, 2004

Indiana Decisions - Five Tax Court Rulings Posted Today

Robert Rakoci v. Department of Local Government Finance (4/23/04 IndTaxCt NOT FOR PUBLICATION) [Property Tax]

"Robert Rakoci (Rakoci) appeals the State Board of Tax Commissioners’ (State Board) final determination valuing his real property for the 1998 tax year. The issue for the Court to decide is whether the State Board erred in assigning each of Rakoci’s two apartment buildings a “C” grade. For the following reasons, the Court AFFIRMS the State Board’s final determination."

Waterfurnace Intl., Inc. v. Department of Local Government Finance (4/23/04 IndTaxCt) [Property Tax]

Waterfurnace International, Inc. (Waterfurnace) appeals the State Board of Tax Commissioners’ (State Board) final determination valuing its real property for the 1998 tax year. The issue for the Court to decide is whether the State Board erred when it assessed Waterfurnace’s improvement using the General Commercial Industrial (GCI) schedule as opposed to the General Commercial Kit (GCK) schedule. * * * Waterfurnace argues that the State Board erred in using the GCI as opposed to the GCK schedule when it assessed its improvement. The State Board claims that Waterfurnace failed to demonstrate that its improvement qualified for GCK pricing. The State Board, however, is incorrect. * * * Because the State Board failed to support its final determination with substantial evidence, it did not rebut Waterfurnace’s evidence indicating that its improvement qualified for assessment under the GCK schedule. Accordingly, the State Board’s final determination must be reversed.
Goshen Sash & Door - Smokercraft v. Department of Local Government Finance (4/23/04 IndTaxCt NOT FOR PUBLICATION) [Property Tax]

"The sole issue for the Court to decide is whether three of GSD’s improvements are entitled to additional obsolescence depreciation adjustments. * * * Because GSD failed to link the factors causing obsolescence with an actual loss in its property’s value, it failed to make a prima facie case quantifying the amount of obsolescence to which it was entitled. Thus, the Court AFFIRMS the determination of the State Board."

Shelby Street Realty Corporation, n/k/a Merchandise Warehouse, Inc. v. Perry Township Assessor (Opinion) (4/26/04 IndTaxCt NOT FOR PUBLICATION) [Property Tax]

Re obsolescence depreciation.

Shelby Street Realty Corporation, n/k/a Merchandise Warehouse, Inc. v. Perry Township Assessor (Order on Respondent's Motion to Dismiss) (4/26/04 IndTaxCt NOT FOR PUBLICATION) [Property Tax]

Posted by Marcia Oddi on April 28, 2004 02:02 PM
Posted to Indiana Decisions