Appraisal Evidence Can be Used to Rebut Sale Prices for Real Property Tax Purposes in Ohio
In a recent appeal from the Ohio Board of Tax Appeals to the Eighth District Court of Appeals, our office successfully overturned a decision and order of the Ohio Board of Tax Appeals that excluded appraisal evidence and testimony used to rebut the presumption that a bulk acquisition of real estate and the subsequent sale and leaseback of that real estate could be used for real property tax assessment purposes. The Court followed recent Ohio Supreme Court precedent created by our office in three taxpayer appeals where similar decisions by the Ohio Board of Tax Appeals using leased fee sales for assessment purposes were overturned. See Terraza 8 LLC v. Franklin Cty. Bd. of Revision, 150 Ohio St.3d 527, 2017-Ohio-4415, 83 N.E.3d 916; GC Net Lease @ (3) (Westerville) Investors, L.L.C. v. Franklin Cty. Bd. of Revision, Slip Opinion No. 2018-Ohio-3856; and Spirit Master Funding IX, L.L.C. v. Cuyahoga Cty. Bd. of Revision, Slip Opinion No. 2018-Ohio-4302. These cases firmly establish that appraisal evidence can be used to rebut sale prices for real property tax purposes in Ohio and overturn a decade of case law that consistently excluded such appraisal evidence.
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