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Tax Court denies excess levy sought by IndyGo

May 6, 2013

Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.

“On appeal, IndyGo argues that the DLGF’s final determination must be reversed because it is unlawful, not supported by the evidence, and an abuse of discretion. The Court disagrees,” Tax Court Judge Martha Blood Wentworth ruled in Indianapolis Public Transportation Corporation v. Indiana Dept. of Local Government Finance, 49T10-0910-TA-76.

Indianapolis Public Transportation Corp. (IndyGo) argued that it had a budget shortfall of $344,478 for the 2006 budget year and $702,891 in 2007. DLGF argued that IndyGo didn’t have a shortfall for those years and denied requests for an excess property tax levy for both years.

Wentworth wrote that IndyGo bore the burden of demonstrating that the DLGF’s actions were contrary to law or an abuse of discretion. “Here, IndyGo has done neither. Rather, it has merely invited the Court to reweigh the evidence in its favor or to hold that the DLGF should have provided more, different, or better evidence” to support its rulings, Wentworth wrote.

“Based on the foregoing reasons, the DLGF’s final determination is affirmed.”

 

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