Indiana Code
Chapter 8. Taxation of Public Utility Companies
6-1.1-8-32. Setting Aside Final Determination; Grounds

Sec. 32. When a public utility company initiates an appeal under section 30 of this chapter, the tax court may set aside the Indiana board's final determination and direct the Indiana board to refer the matter to the department of local government finance with instructions to make another assessment if:
(1) the company shows that the department's final assessment, the department's apportionment and distribution of the final assessment, or the Indiana board's final determination is clearly incorrect because the department or the Indiana board violated the law or committed fraud; or
(2) the company shows that the department's final assessment is not supported by substantial evidence.
[Pre-1975 Property Tax Recodification Citation: 6-1-44-13 part.]
Formerly: Acts 1975, P.L.47, SEC.1. As amended by P.L.291-1985, SEC.3; P.L.198-2001, SEC.26.

Structure Indiana Code

Indiana Code

Title 6. Taxation

Article 1.1. Property Taxes

Chapter 8. Taxation of Public Utility Companies

6-1.1-8-1. Property Owned or Used by Public Utility Company

6-1.1-8-2. Definitions

6-1.1-8-3. Companies Subject to Taxation; Exemptions

6-1.1-8-4. Companies Within and Partially Outside State; Tax Determinations

6-1.1-8-5. Fixed Property; Definite-Situs Distributable Property; Indefinite-Situs Distributable Property

6-1.1-8-6. Bridge Companies

6-1.1-8-7. Bus Companies

6-1.1-8-8. Express Companies

6-1.1-8-9. Light, Heat, or Power Companies

6-1.1-8-10. Pipe Line Companies

6-1.1-8-11. Railroad Companies

6-1.1-8-12. Railcar Companies

6-1.1-8-12.5. Repealed

6-1.1-8-13. Sleeping Car Companies

6-1.1-8-14. Street Railway Companies

6-1.1-8-15. Telephone, Telegraph, or Cable Companies

6-1.1-8-16. Tunnel Companies

6-1.1-8-17. Water Distribution Companies

6-1.1-8-18. Other Companies

6-1.1-8-19. Statement of Value and Description of Property; Filing Deadline; Filing Amended Statements

6-1.1-8-20. Failure to File Statement; Penalty; Action by Attorney General

6-1.1-8-21. Copies of Various Reports; Requests From Department of Local Government Finance

6-1.1-8-22. Assessment by Department of Local Government Finance; Subsequent Filing of Statements by the Public Utility

6-1.1-8-23. Repealed

6-1.1-8-24. Township Assessor or County Assessor Determination of Assessed Values

6-1.1-8-24.5. Solar Land Base Rates; Determination and Release

6-1.1-8-25. Assessment of Distributable Property

6-1.1-8-25.5. New Fixed Property Assessments; Notification

6-1.1-8-26. Valuation of Company Property

6-1.1-8-27. Certification of Assessed Value; Notification of Appeal; Review by County Assessor; Exemption for Certain Broadband Assets

6-1.1-8-28. Tentative Assessment by the Department; Appeal Opportunity

6-1.1-8-29. Preliminary Conference; Notice of Final Assessment

6-1.1-8-30. Appeal to Indiana Board; Appeal to Tax Court

6-1.1-8-31. Appeal of Final Judgment; Court Procedure

6-1.1-8-32. Setting Aside Final Determination; Grounds

6-1.1-8-33. Appeal of Township or County Assessor's Assessment of Fixed Property

6-1.1-8-34. Rate of Tax; Time of Payment

6-1.1-8-35. Indefinite-Situs Distributable Property of Railcar Companies; Distributable Property of Certain Railroads; Computation of Tax; Disposition of Tax Proceeds

6-1.1-8-35.1. Repealed

6-1.1-8-35.2. Retention and Use of Certain Funds Under Section 35 of This Chapter by Commuter Transportation District

6-1.1-8-36. Payment of Taxes Regardless of Pending Appeal; Injunction; Reassessment of Distributable Property

6-1.1-8-37. Reassessment of Distributable Property; Refunds or Taxes Due

6-1.1-8-38. Lien; Collection of Delinquent Taxes; Penalties

6-1.1-8-39. Omitted Property; Assessment

6-1.1-8-40. Omitted Property; Rate of Assessment; Interest

6-1.1-8-41. Valuation Methods Used in Other States

6-1.1-8-42. Rules and Regulations; Promulgation

6-1.1-8-43. Purpose of Chapter; Conflicting Provisions

6-1.1-8-44. Reinstatement of Utility Property Rules; Prohibition Against Amendment of Certain Rules by Department of Local Government Finance