October 14, 2004

Indiana Decisions - Four posted by Tax Court today

K.P. Oil, Inc. v. Madison Township Assessor (10/13/04 IndTaxCt) [Real property assessment]
Fisher, Judge

Petitioner K.P. Oil, Inc. (K.P. Oil) appeals the Indiana Board of Tax Review’s (Indiana Board) final determination valuing its real property for the 1997 and 1998 assessment years. Although K.P. Oil raises other issues on appeal, the dispositive issue in this case is whether the Jefferson County Property Tax Assessment Board of Appeals (PTABOA) erred in issuing an interim reassessment on K.P. Oil’s property in the absence of any changes to the property. * * *

Jefferson County plat records show that the subject property has been platted since 1958. (See Cert. Admin. R. at 16.) As such, it was platted at the time of the 1995 general reassessment and has remained unchanged in that respect. Furthermore, the Assessor has not pointed to any other changes in the property that would warrant the issuance of an interim reassessment. Accordingly, because there have been no changes to the property since the 1995 general reassessment, the value assigned during that assessment should carry forward until the next general reassessment. The Indiana Board therefore erred in affirming the PTABOA’s interim reassessment.

CONCLUSION. For the foregoing reasons, the Indiana Board’s 2002 final determination is REVERSED. The Indiana Board shall, on remand, instruct the local assessing officials to reassess the property using the rate of $24,750.00 per acre.

Gerald and Margaret Fuchs v. Madison Township Assessor (10/13/04 IndTaxCt - NFP) [Real property assessment]
Fisher, Judge
Petitioners Gerald and Margaret Fuchs (the Fuchs) appeal the Indiana Board of Tax Review’s (Indiana Board) final determination valuing their real property for the 1997, 1998, and 1999 tax years. Although the Fuchs raise other issues on appeal, the dispositive issue in this case is whether the Jefferson County Property Tax Assessment Board of Appeals (PTABOA) erred in issuing an interim reassessment on the Fuchs’ property in the absence of any changes to the property. * * *

Accordingly, because there have been no changes to the property since the 1995 general reassessment, the value assigned during that assessment should carry forward until the next general reassessment. The Indiana Board therefore erred in affirming the PTABOA’s interim reassessment.

CONCLUSION. For the foregoing reasons, the Indiana Board’s 2002 final determination is REVERSED. The Indiana Board shall, on remand, instruct the local assessing officials to reassess the property using the rate of $24,750.00 per acre.

TKC Properties, LLC v. Madison Township Assessor (10/13/04 IndTaxCt - NFP) [Real property assessment]
Fisher, Judge
The Petitioner, TKC Properties LLC (TKC), appeals the final determination of the Indiana Board of Tax Review (Indiana Board) valuing its real property for the 1999 assessment year. Although TKC raises other issues on appeal, the dispositive issue in this case is whether the Jefferson County Property Tax Assessment Board of Appeals (PTABOA) erred in issuing an interim reassessment on TKC’s property in the absence of any changes to the property. * * *

Jefferson County plat records show that the subject property has been platted since 1958. As such, it was platted at the time of the 1995 general reassessment and has remained unchanged in that respect. See footnote Furthermore, the Assessor has not pointed to any other changes in the property that would warrant the issuance of an interim reassessment. Accordingly, because there have been no changes to the property since the 1995 general reassessment, the value assigned during that assessment should carry forward until the next general reassessment. The Indiana Board therefore erred in affirming the PTABOA’s interim reassessment.

CONCLUSION. For the foregoing reasons, the Indiana Board’s 2002 final determination is REVERSED. The Indiana Board shall, on remand, instruct the local assessing officials to reassess the property using the rate of $24,750.00 per acre.

Home Federal Savings Bank v. Madison Township Assessor (10/13/04 IndTaxCt - NFP) [Real property assessment]

"Because Home Federal did not meet its burden of presenting a prima facie case, the Assessor’s duty to rebut Home Federal’s evidence was not triggered. See Clark v. State Bd. of Tax Comm’rs, 694 N.E.2d 1230, 1233 (Ind. Tax Ct. 1998) (stating that once a taxpayer presents a prima facie case, it must be rebutted with substantial evidence). Therefore, the Indiana Board’s final determination upholding the assessment was not arbitrary or capricious."

Posted by Marcia Oddi at October 14, 2004 03:39 PM