Indiana Tax Court

Judge upholds 2009 tax year exemption

May 28, 2014
Jennifer Nelson
The Indiana Tax Court rejected the Hamilton County assessor’s claim that a for-profit limited liability company created to purchase office space for its nonprofit tissue donation company should not qualify for a charitable purposes exemption for the 2009 tax year.
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CLEO interns assigned to Court of Appeals, Tax Court

May 20, 2014
IL Staff
Eight students from three law schools have been selected for summer internships with judges of the Indiana Court of Appeals and Tax Court through the 2014 Carr L. Darden Conference for Legal Education Opportunity internship program.
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Tax Court affirms rejection of fire protection district

May 19, 2014
Dave Stafford
A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.
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Tax Court: Company creates new tool, entitled to exemption

May 15, 2014
Jennifer Nelson
The Indiana Tax Court has ruled in favor of a Hammond company in its attempt to exempt certain equipment from the state’s sales and use taxes.
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Judge rejects petitioners’ requests to prevent tax collection

May 12, 2014
Jennifer Nelson
Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.
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Company fails to prove it is entitled to legal relief on 2 claims

May 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday agreed with the Indiana Department of State Revenue that two claims made by a company appealing its tax liability should be dismissed because legal relief cannot be granted.
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Gambler scores partial victory before Tax Court

April 25, 2014
Jennifer Nelson
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
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Judge: Assessor waived objection

April 17, 2014
Jennifer Nelson
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
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Wine bar’s programmable cards not subject to tax exemption

April 1, 2014
Dave Stafford
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.

 
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Court upholds denial of tax exemptions

March 19, 2014
Jennifer Nelson
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
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Marion County courts closed Tuesday; state courts delayed

January 27, 2014
IL Staff
Marion County Circuit and Superior Courts in the Indianapolis City-County Building will be closed Tuesday in anticipation of dangerously cold weather. State court operations in Indianapolis, meanwhile, will delay opening until 10:30 a.m. Tuesday.
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Court affirms higher home assessment as compared to neighbors

January 24, 2014
Jennifer Nelson
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
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State appellate courts to open at 1 p.m.

January 7, 2014
IL Staff
The Indiana Supreme Court, Court of Appeals and Tax Court will open Tuesday at 1 p.m. The delayed start is due to the snow and record low temperatures. The courts were closed Monday.
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Appellate courts, state offices delay Monday opening

January 3, 2014
IL Staff
Office hours for Indiana’s appellate courts, staff and related agencies will begin at 10 a.m. Monday due to anticipated inclement weather, the courts announced late Friday.
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Man loses 2 appeals before Tax Court

December 31, 2013
Jennifer Nelson
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
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Exclusive appeal notice filing with state clerk begins Jan. 1

December 27, 2013
IL Staff
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
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Man entitled to homestead deduction on Fountain County property

December 11, 2013
Jennifer Nelson
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law. 
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Filings continue to drop, as does funding for Indiana courts

November 6, 2013
Dave Stafford
A sharp decline in infraction and ordinance-violation cases is among factors that resulted in courts around the state collecting considerably less revenue, according to data released in the annual Judicial Service Reports.
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Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case

November 1, 2013
Dave Stafford
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
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Marion County, Simon tangle over valuation of Indianapolis malls

October 23, 2013
Dave Stafford
Arguments in two cases before the Indiana Tax Court in recent weeks featured wildly divergent views of the valuation of two Indianapolis shopping malls that have seen better days.
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Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules

October 17, 2013
Jennifer Nelson
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
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Warrick County man’s land correctly classified as residential excess acreage

October 9, 2013
Jennifer Nelson
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
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Clarifications of statute still keep burden of proof on county assessor

October 3, 2013
Marilyn Odendahl
A county assessor’s attempt to shift the burden of proof onto a landowner in a dispute over a property assessment that increased more than 5 percent failed to convince the Indiana Tax Court.
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Tax Court affirms assessments of Shelbyville CVS store

September 24, 2013
Dave Stafford
The assessment of a Shelbyville CVS store is lower than the county wanted, higher than the drugstore chain wanted, but just right, the Indiana Tax Court concluded.
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Tax Court rules against UPS reinsurer on case justices reversed, remanded

September 17, 2013
Dave Stafford
United Parcel Service and its reinsurance affiliates are obligated to pay about $650,000 in taxes from the years 2000 and 2001, the Indiana Tax Court held. The court previously ruled in UPS’s favor, but this opinion comes on remand from an Indiana Supreme Court reversal.
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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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