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Tuesday, November 06, 2012

Ind. Decisions - Tax Court posts two yesterday

Both are rulings by Sr. Judge Fisher.

Shelbyville MHPI, LLC v. Anne Thurston, in her official capacity as Assessor, Shelby County

Shelbyville MHPI, LLC (MHPI) appeals the final determination of the Indiana Board of Tax Review upholding the assessment of its real property for the 2006 tax year. The issue for the Court to decide is whether the Indiana Board erred in upholding the assessment. The Court affirms. * * *

The final determination in this case reveals that the Indiana Board, as an impartial adjudicator, accepted the parties’ evidentiary presentations, considered and weighed their quality, and ultimately concluded that the Assessor’s evidentiary presentation corroborated the assessment, which best reflected the market value-in-use of MHPI’s mobile home park. The Court finds no basis for reversing the Indiana Board’s conclusion and, therefore, its final determination is AFFIRMED.

Millennium Real Estate Investment, LLC v. Assessor, Benton County, Indiana
Millennium Real Estate Investment, LLC appeals the final determination of the Indiana Board of Tax Review upholding the assessments of its real property for the 2008 tax year. The Court affirms. * * *

Millennium’s sales comparison and income approach arguments merely invite this Court to reweigh the evidence; that task, however, is not within this Court’s prerogative on appeal absent an abuse of discretion. * * *

The Indiana Board’s final determination was neither arbitrary nor capricious; rather, it was supported by substantial and reliable evidence. Accordingly, the final determination of the Indiana Board is AFFIRMED.

Posted by Marcia Oddi on November 6, 2012 08:51 AM
Posted to Ind. Tax Ct. Decisions