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Thursday, May 05, 2016

Ind. Decisions - Tax Court posts one today, filed May 4th

In Larry G. Jones and Sharon F. Jones v. Jefferson County Assessor, a 6-page opinion, Judge Wentworth writes:

Larry G. and Sharon F. Jones challenge the final determination of the Indiana Board of Tax Review that upheld the assessments of their real property for the 2008 and 2009 tax years (“years at issue”). Upon review, the Court affirms the Indiana Board’s final determination.* * *

Indiana has promulgated a series of guidelines that explain the property valuation process in detail. See REAL PROPERTY ASSESSMENT GUIDELINES FOR 2002--VERSION A (2004 Reprint) (incorporated by reference at 50 I.A.C. 2.3-1-2), Bks. 1 & 2. When, as here, an assessor has assessed real property pursuant to the guidelines, her assessment is presumed accurate. Manual at 5. A taxpayer may rebut that presumption, however, with other market-based evidence (e.g., sales data, appraisals, or actual construction costs) that indicates the assessment is not an accurate reflection of the property’s market value-in-use. See Manual at 5. The Joneses did not provide the Indiana Board with any market-based evidence of their property’s market value-in-use during their administrative hearing. (See Cert. Admin. R. at 63-71.) Consequently, the Court has no market-based evidence to review and finds no basis for reversing the Indiana Board’s final determination.

Posted by Marcia Oddi on May 5, 2016 01:39 PM
Posted to Ind. Tax Ct. Decisions