Notable Cases and Transactions

Indiana Tax Court (and Indiana Supreme Court)

Hebron-Vision, LLC v. Porter Cty. Assessor, No. 18T-TA-00019, 2019 Ind. Tax LEXIS 64 (Ind. Tax Ct. Oct. 28, 2019).

Represented petitioner in appeal of an Indiana Board of Tax Review (Indiana Board) decision that denied exemption for affordable housing property owned by a nonprofit charity. The court reversed the Indiana Board’s decision, which resulted in exemption and substantial tax savings for the client.

Howard Cnty. Assessor v. Kohl’s Indiana L.P., 57 N.E.3d 913 (Ind. Tax Ct. 2016), review denied, Howard Cnty. Assessor v. Kohl’s Ind. LP, 86 N.E.3d 171 (Ind. 2017).

Represented taxpayer in appeal by assessor of Indiana Board’s decision approving taxpayer’s appraisal value of retail property. The Court affirmed the Indiana Board’s decision, which resulted in nearly $200,000 in tax savings. The case was appealed by the assessor to the Indiana Supreme Court and oral argument was held. Paul Jones represented Kohl’s in oral argument, arguing that the Court should deny review of the assessor’s appeal, which it did.

Monroe Cnty. Assessor v. SCP 2002 E19 LLC (CVS 6697), 2017 Ind. Tax LEXIS 18, 2017 WL 2291368 (Ind. Tax Ct. May 25, 2017), review denied, Monroe Cty. Assessor v. SCP 2002 E19 LLC 6697, 94 N.E.3d 298 (Ind. 2017).

Represented taxpayer in appeal by assessor of Indiana Board’s decision approving taxpayer’s appraisal value of retail property. The case was appealed by the assessor to the Indiana Supreme Court. Paul Jones represented CVS in the appeal before the Indiana Supreme Court, arguing that the Court should deny review of the assessor’s appeal, which it did.

Monroe Cnty. Assessor v. CVS 3195-02, 62 N.E.3d 478 (Ind. Tax Ct. 2016), review denied.Monroe Cty. Assessor v. SCP 2007-C-26-002, LLC, 88 N.E.3d 1076 (Ind. 2017).

Represented taxpayer in appeal by assessor of Indiana Board’s decision approving taxpayer’s appraisal value of retail property. The case was appealed by the assessor to the Indiana Supreme Court. Paul Jones represented CVS in the appeal before the Indiana Supreme Court, arguing that the Court should deny review of the assessor’s appeal, which it did.

Marion Cnty. Assessor v. Simon DeBartolo Grp., LP, 2016 Ind. Tax LEXIS 9 (Ind. Tax Ct. Apr. 8, 2016).

Represented taxpayer in appeal by assessor of Indiana Board decision that approved the taxpayer’s trended sale price of a regional mall, rather than the assessor’s valuation report. The court affirmed the Indiana Board’s decision, which resulted in over $400,000 in tax savings.

Marion County Assessor v. Wash. Square Mall, LLC, 2015 Ind. Tax LEXIS 81 (Ind. Tax Ct. Dec. 30, 2015).

Represented taxpayer in appeal by assessor of Indiana Board decision that approved taxpayer’s appraisal of a regional mall. While the court adjusted certain findings of the Indiana Board, the court’s decision resulted in approximately $1,600,000 in tax savings to the taxpayer.

Marion County Assessor v. Gateway Arthur, Inc., 2015 Ind. Tax LEXIS 76 (Ind. Tax Ct. Dec. 3, 2015), review denied.

Represented taxpayer in appeal by assessor of Indiana Board decision that held the assessor had the burden of proof in the appeal and assessor failed to meet its burden in proving the true tax value of a community shopping center. The Court affirmed the Indiana Board’s decision, which resulted in nearly $200,000 in tax savings.

Marion Cnty. Assessor v. Gateway Arthur, Inc., 2015 Ind. Tax LEXIS 61 (Ind. Tax Ct. Sept. 30, 2015).

Represented taxpayer in appeal by assessor of Indiana Board decision that approved taxpayer’s appraisal of a community shopping center, as adjusted by the Indiana Board. The Court affirmed the Indiana Board’s decision, which resulted in nearly $300,000 in tax savings.

Shelby County Assessor v. CVS Pharm., Inc., 994 N.E.2d 350, 2013 Ind. Tax LEXIS 22, 2013 WL 5309145 (Ind. Tax Ct. 2013).

Represented CVS Pharmacy in precedential case that affirmed Indiana Board’s holding that the true tax value standard in Indiana requires a determining of the market value-in-use (MVIU) of the fee simple interest for the property’s current use and thus, actual rents in financing transactions and sale-leaseback transactions are not reflective of MVIU.

Ohio Supreme Court

Bd. of Educ. of the Warrensville Heights City Sch. Dist. v. Cuyahoga Cnty. Bd. of Revision, Slip Opinion No. 2017-Ohio-8845 (Dec. 2017).

Represented taxpayer in an appeal seeking appraisal value of horse racetrack of $16.3M and defending against school board’s appeal to increase value to $43M based on bankruptcy sale. The BTA ruled in favor of taxpayer approving the appraisal value, which resulted in more than $700,000 in tax savings. The Court affirmed the BTA.

Bd. of Educ. of the Warrensville Heights City Sch. Dist. v. Cuyahoga Cnty. Bd. of Revision, 2016-Ohio-78, 2016 Ohio LEXIS 64 (Jan. 2016), reconsideration denied (Mar. 2016).

Represented taxpayer in an appeal seeking appraisal value of horse racetrack of $13.8M and defending against school board’s appeal to increase value to $43M based on bankruptcy sale. The BTA ruled in favor of taxpayer approving the appraisal value, which resulted in more than $1,000,000 in tax savings. The Court affirmed the BTA and denied the school board’s motion for reconsideration.

Ohio Board of Tax Appeals

Worthington City Schs. Bd. of Educ. v. Franklin Cty. Bd. of Revision, 2019 Ohio Tax LEXIS 2153 (Ohio B.T.A. September 12, 2019).

Represented taxpayer in appeal by the school board seeking an increase based upon a portfolio sale price and financial appraisal. The BTA ruled in favor of taxpayer and approved the taxpayer’s appraisal value.

Harrah’s Ohio Acquisition Co., LLC v. Cuyahoga Cty. Bd. of Revision, 2019 Ohio Tax LEXIS 1278 (Ohio B.T.A. June 7, 2019).

Represented taxpayer in “battle of appraisals” concerning value of horse racetrack and racino and the BTA ruled in favor of taxpayer approving the appraisal value. The school board appealed to the Ohio Supreme Court, which remanded to BTA for further findings, but did not reverse the BTA. On remand, the BTA approved the taxpayer’s appraised value based on the taxpayer’s appraiser’s income capitalization approach.

Hamilton Rd. Senior Hous. LP v. Franklin Cnty. Bd. of Revision, 2015 Ohio Tax LEXIS 3641 (Ohio B.T.A. Sept. 17, 2015).

Represented taxpayer in appeal of value of low-income housing tax credit (LIHTC) property, which was remanded to county board of revision. Board of revision approved taxpayer’s appraisal value, which resulted in over $300,000 in tax savings.

City Forest of Springfield Ltd. P’ship v. Clark County Bd. of Revision, 2014 Ohio Tax LEXIS 2949 (Ohio B.T.A. May 9, 2014).

Represented taxpayer in appeal of value of low-income housing tax credit (LIHTC) property. BTA approved taxpayer’s appraisal value, which resulted in over $150,000 in tax savings.

ABF Freight Sys. v. Montgomery County Bd. of Revision, 2014 Ohio Tax LEXIS 2344 (Ohio B.T.A. Apr. 14, 2014).

Represented taxpayer in appeal of value of industrial property, which resulted in tax savings of nearly $100,000.

Representative Sample of Settlement Results (2017-2020)

• Represented owner of multifamily housing located in central Indiana in county level appeal that resulted in more than $180,000 in tax savings.
• Represented owner of regional mall located in northeast Ohio in appeals before the county board of revision and Ohio Board of Tax Appeals that settled and resulted in over $500,000 in tax savings.
• Represented taxpayer in appeals to reclassify hospital property to 2% tax rate from 3% tax rate, which resulted in more than $500,000 in tax savings.
• Represented apartment owner in appeals before the county board of revision in Ohio that resulted in $172,000 in tax savings.
• Represented owner of retail shopping center in Indiana in appeals that settled prior to Indiana Board hearing, resulting in more than $140,000 in tax savings.
• Represented owner of department store in Indiana in appeals that settled prior to Indiana Board hearing, resulting in more than $180,000 in tax savings.
• Represented owner of big box retail store in Indiana in appeals that settled prior to Indiana Board hearing, resulting in more than $800,000 in tax savings.
• Represented national chain restaurant chain in appeal before the Ohio Board of Tax Appeals that resulted in settlement and $240,000 in tax savings.
• Represented national chain restaurant chain in appeal before the Ohio Board of Tax Appeals and Ohio Court of Appeals that resulted in settlement and $260,000 in tax savings.
• Represented nursing home in appeal before the Ohio Board of Tax Appeals that resulted in settlement and more than $500,000 in tax savings.

Representative Transactional Work

• Represented national developer, as special tax counsel, in connection with low-income housing tax credit (LIHTC) transactions in Cincinnati, Ohio and Atlanta, Georgia.
• Representing nonprofit developer in connection with development and financing of an affordable housing project in Oldenburg, IN using LIHTC equity (4% credits) and multifamily bonds.
• Representing nonprofit developer in connection with development and financing of an affordable housing project in Indianapolis, IN using LIHTC equity (4% credits) and multifamily bonds.
• Represented developer in connection with development and financing of affordable housing project in Tipton, IN using LIHTC (9% credits) equity.
• Represented developer in connection with development and financing of housing project in Fowler, IN using HUD Section 223(f) refinancing
• Represented for-profit developer in connection with development and financing of an assisted living project located in Anderson, IN financed with New Markets Tax Credits (NMTCs), Opportunity Zone equity, and other sources.
• Representing for-profit developer in connection with development and financing of a mixed-use project located in Evansville, IN to be financed with Indiana Redevelopment Tax Credits, Opportunity Zone equity, and other sources.
• Representing nonprofit organization in connection with development and potential financing of nonprofit headquarters located in Indianapolis, IN to be financed with NMTCs.
• Represented statewide nonprofit association in connection with $18M athletic facility located in Indianapolis, Indiana financed with NMTCs.
• Represented nonprofit foundation in connection with $20M teaching hotel located in Muncie, Indiana financed with NMTCs.
• Represented developer in connection with $7M retail shopping center located in Indianapolis, IN financed with NMTCs.
• Represented nonprofit public television station in exit transaction from $12M NMTC financing.
• Represented nonprofit community organization in exit transaction from $17M NMTC financing.
• Represented charter schools in connection with several NMTC/bond transactions.