Wednesday, December 18, 2013

Board Finds Taxpayer's Evidence Income Property Operated at a Loss Insufficient to Lower Property's Value

Excerpts of the Board's Determination follow:

 
d. The Petitioner submitted a list of expenses showing the property operated at a loss, but did not present an income approach with market information that conforms to generally accepted appraisal principles to prove value as of January 1, 2008.

e. Although the Petitioner contends the 2009 value should be the same as for 2008, each assessment and each tax year stands alone. See Quality Stores, Inc. v. State Bd. of Tax Comm’rs, 740 N.E.2d 939, 942 (Ind. Tax Ct. 2000).

f. Finally, even if the property record card contains an error concerning the framing, merely contesting the methodology used to compute the assessment misses the mark as well. Eckerling v. Wayne County Assessor, 841 N.E.2d at 674, 677-78 (Ind. Tax Ct. 2006). Rather, to successfully make a case, the Petitioner needed to show the assessment does not accurately reflect market value-in-use. Id.; see also P/A Builders & Developers, LLC v. Jennings County Assessor, 842 N.E.2d 899, 900 (Ind. Tax Ct. 2006) (explaining that proper focus is on what the correct value actually is, not on methodology). The Petitioner did not do so.

http://www.in.gov/ibtr/files/Novogroder_Lowell_LLC_45-012-09-1-4-00001.pdf