Sunday, May 27, 2012

Board Finds Taxpayers Failed to Rebut Appraised Value with Evidence of Unsuccessful Attempts to Sell Property

The Campbell Appraisal is evidence that the value of the subject property was $82,000 as of March 4, 2010. The slight difference from the required valuation date is insignificant. Although it is a little less than the current assessment, the Respondent’s evidence substantially supports a valuation of $82,000.

The Petitioners attempted to challenge the credibility of this appraisal, but not very effectively. They pointed out that only one of the four comparable sales was in Hardinsburg where the subject property is located and the other three were in Palmyra. For that reason, according to the Petitioners, they are not good comparables. But such bald conclusory statements are not probative evidence. They actually do nothing to rebut or impeach the appraisal. See Whitley Products , Inc. v. State Bd. of Tax Comm’rs, 704 N.E.2d 1113, 1119 (Ind. Tax Ct. 1998). Similarly, the Petitioners attempted to establish that the appraised value is too high because the appraisal was for a bank loan. According to Mr. Miller, “you know and I know that that‘s the reason why the government is in trouble today is because banks ‘overloaned’ … people on mortgages. Again, this kind of unsubstantiated conclusory statement is not probative evidence and does nothing to rebut or impeach the appraisal. Id.

Part of the Petitioners’ case, however, provides some evidence that perhaps the appraisal’s valuation is too high. Undisputed testimony established that since early 2010 the Petitioners have tried to sell the property, but they have been unsuccessful. For a short time in March 2010 they attempted to sell it themselves and were asking $84,000. Then they listed it with a realtor with an asking price of $79,000. Subsequently the asking price was reduced four times, eventually down to $65,000. During all this time they got no offers. The lack of detail and lack of supporting documentation diminishes the impact of this evidence, but the point has some relevance and probative value. Nevertheless, a history of price reductions and unsuccessful marketing is not enough to convince the Board to disregard the value indicated by the Campbell Appraisal. In this case, that appraisal is ultimately the more credible evidence.


The Petitioners did not present substantial, probative evidence to support their claim for an assessment of $60,000 and they failed to rebut the value proved by the Campbell Appraisal.