Friday, March 8, 2013

Board Finds Sale - Remote from Valuation Date - Insufficient to Show Property's Value

Excerpts of the Board's Determination follow:

The appraisal values the condo as of January 9, 2012, approximately nine months after the valuation date. Nothing in the record establishes how the appraised value relates to the valuation date. Furthermore, because the hearsay objection was made, the appraisal alone is not a sufficient basis for lowering the assessment.

The evidence about the purchase price for the condo at 601 Riverscape Court has similar problems. Most significantly, nothing in the record establishes the date of that purchase or how that price might relate to a value as of March 1, 2011. Perhaps the date of purchase would have been disclosed if the entire Construction and Purchase Agreement had been presented, but only page 1 of 8 was offered. And again, all the evidence related to the price for this other condo is hearsay. With all these problems, the purchase price for the 601 Riverscape Court condo simply does not help to prove what a more accurate assessed value for the subject property might be.

Mr. Thomas testified about the sale prices and assessments of purportedly comparable properties. But to effectively use any kind of comparison approach to value a property, one must establish that properties truly are comparable. Conclusory statements that properties are “similar” or “comparable” are not sufficient. Long v. Wayne Twp. Assessor, 821 N.E.2d 466, 470 (Ind. Tax Ct. 2005) (explaining that one who relies on comparables is responsible for providing the data about comparables and walking the board through every step of the comparability analysis). Mr. Taylor failed to provide the kind of detailed, fact-based analysis that would be required for any legitimate conclusion based on his comparables.

A property’s purchase price can provide some of the best evidence of its market value-in-use. Mr. Taylor purchased his condo for $179,900 in 2007, but he needed to relate that price to the required valuation date, March 1, 2011. His general statements about the market downturn since 2007 failed to establish how his purchase price relates to a specific valuation as of March 1, 2011.

http://www.in.gov/ibtr/files/Taylor_15-013-11-1-5-00181.pdf