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Thursday, July 15, 2010

Ind. Decisions - One today from the Tax Court

In Lake County Assessor v. Amoco Sulfur Recovery Corp., BP Products North America, Inc., a 17-page opinion filed July 14, Judge Fisher writes:

The Lake County Assessor (Assessor) appeals the Indiana Board of Tax Review‟s (Indiana Board) final determinations concluding that its 2004, 2005, and 2006 personal property assessments of Amoco Sulfur Recovery Corp., n/k/a BP Products North America, Inc. and BP Products North America, Inc. (collectively, “BP”) were untimely under Indiana Code § 6-1.1-16-1. Because the pleadings, orders, and other materials in this case have been filed under seal, see generally Indiana Administrative Rule 9, this Court's opinion will provide only that information necessary for the reader to understand its disposition of the issues. * * *

BP‟s Returns were in substantial compliance with the APCS statutes and regulations, as the evidence in this case indicates that its Returns listed all personal property subject to taxation, provided all necessary acquisition and location data, and used descriptors that allowed its APCS equipment to be identified with particularity upon request. Therefore, the Court AFFIRMS the Indiana Board‟s grant of summary judgment in favor of BP and its denial of summary judgment as to the Assessor.

Posted by Marcia Oddi on July 15, 2010 01:35 PM
Posted to Ind. Tax Ct. Decisions