6 results for 'cat:"Evidence" AND cat:"Tax"'.
J. Pirtle finds the Nebraska Tax Equalization and Review Commission properly reversed the board's decision upholding its assessed value of the grocery store. Kroger appealed the board's assessed value of roughly $4.5 million, providing expert testimony the property was more correctly valued at $2.5 million. The board presented little evidence as to how its computer-aided appraisal was utilized, also insufficiently explaining market adjustments and specifics on figuring depreciation. The record is inadequate as to how the board’s valuation was determined compared to Kroger's well documented valuation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: April 23, 2024, Case #: A-23-268, Categories: evidence, tax, Experts
J. Bishop finds the Nebraska Tax Equalization and Review Commission properly reversed the board's acceptance of the county assessor’s recommended valuation for a hotel property. The owner presented expert testimony using a sales comparison approach, as well as actual income and expenses from the property and comparable properties to calculate a typical market average. The expert's $660,000 appraisal was clear and convincing evidence the board’s appraisal of $1.5 million was arbitrary or unreasonable. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 23, 2024, Case #: A-23-661, Categories: evidence, tax
J. Crenshaw denies the government's motion for judgment as a matter of law or for a new trial in this case concerning excise tax on certain "glider semi trucks sold between 2012 and 2017." A jury found that the truck company is not liable for excise tax on the trucks, which were allegedly manufactured by placing rebuilt engines into glider kits. The government fails to establish its argument concerning the sufficiency of the evidence, and a new trial is not warranted based on the exclusion of a certain expert.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: November 21, 2023, Case #: 2:20cv26, NOS: Taxes (U.S. Plaintiff or Defendant) - Federal Tax Suits, Categories: evidence, tax, Experts
J. Stewart finds the energy commission properly approved a 9.91% rate of return on the natural gas company's alternative rate plan despite poor market conditions. No statutory language requires the commission to follow market conditions when setting rates. Additionally, the decision was not unreasonable because it was based on a rate previously issued by the commission for another rate plan by another natural gas provider and was supported by independent evidence, as well as testimony from the natural gas company. Affirmed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: September 20, 2023, Case #: 2023-Ohio-3289, Categories: Energy, evidence, tax
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J. Jones finds the trial court properly convicted defendant, a medical doctor, for tax evasion. All evidence on the record supports conviction. Defendant offers no reason to believe that the prosecutor's questions as to taxes for years that were not before the court prejudiced the jury. Given the weight of evidence presented, there is no significant possibility that these questions—which defendant did not answer, and the court instructed the jury to disregard—had a substantial impact on the verdict. The trial court assessed any prejudicial effect and the Fifth Circuit defers. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: June 29, 2023, Case #: 22-60350, Categories: evidence, tax, Jury Instructions