Indiana Tax Court
Justices vacate review of voided tax warrants in 'puppy mill' case
May 18, 2012
IL StaffThe Indiana Supreme Court on Tuesday vacated an order granting review in a case that concluded tax agencies and the Indiana
attorney general’s office overstepped their authority by issuing jeopardy tax warrants to seize animals from an alleged
puppy mill in Harrison County.
MoreJudge leaves attorneys on tax refund appeal
April 17, 2012
Jennifer NelsonIndiana Tax Court Judge Martha Wentworth has denied the State Department of Revenue’s attempt to disqualify the two
attorneys representing a company in a refund dispute.
MoreIndiana Court Decisions - Feb. 23-March 7, 2012
March 14, 2012
IL StaffRead summaries of the latest for publication opinions from the 7th Circuit Court of Appeals and Indiana's appeals courts.
MoreJustices: Tax Court erred in prima facie showing requirement
March 12, 2012
Michael HoskinsThe Indiana Supreme Court has found that the Indiana Tax Court erred in requiring the state revenue department to produce more evidence of a proposed assessment of additional tax liability for a corporation.
Judge: facility not exempt from property tax
February 17, 2012
Jennifer NelsonThe Indiana Tax Court has upheld the decision of the Indiana Board of Tax Review that a Tipton County assisted living facility
failed to raise a prima facie case that it is exempt from property tax under Indiana Code 6-1.1-10-16.
MoreRepeat litigant rebuked by tax court
December 29, 2011
Jenny MontgomeryThe Indiana Tax Court has ordered a man to pay the Indiana Department of Revenue attorney fees for pursuing a frivolous claim.
MoreTax Court: tax rate recalculation incorrect
December 28, 2011
Jennifer NelsonThe Indiana Tax Court ruled that a government agency incorrectly calculated a Marion County school district’s capital
project fund levy property tax rate for 2011, and it has ordered the Department of Local Government Finance to recalculate
the tax rates going back to 2007.
MoreTax Court rules on inheritance tax valuation
November 22, 2011
Michael HoskinsThe Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand
in for affidavits in determining a property’s fair market value.
MoreTax Court denies assessor's motion to dismiss appeal
November 2, 2011
Jennifer NelsonIndiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original
tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.
MoreJudge affirms assessment of theater
October 20, 2011
Jennifer NelsonThe Indiana Tax Court affirmed the 2006 assessment of a Marion movie theater, finding the Grant County assessor is essentially
asking the court to reweigh the evidence, which it cannot do.
MoreTax judge shoots down 'Al Capone' approach
August 22, 2011
Michael HoskinsIn a blow to the Indiana attorney general’s office, the state’s tax judge has shot down a legal theory that used
jeopardy tax assessments to go after a purported puppy mill in Harrison County.
MoreTax Court rules in brewery's favor
August 19, 2011
Jennifer NelsonRuling on an issue that previously has come before the Indiana Tax Court, Senior Judge Thomas Fisher has upheld that sales
to Indiana customers who hired common carriers to pick up alcohol at an Ohio facility shouldn’t have been included in
the sales factor of Miller Brewing Co.’s adjusted gross income tax and supplemental net income tax.
MoreOnline court employee training begins Aug. 18
August 8, 2011
IL StaffIn an effort to give a general introduction of the judicial system to new trial court employees, a new online training program
has been created and is now open for enrollment.
MoreIndiana Supreme Court takes 3 cases; denies 27
July 11, 2011
Jennifer NelsonThe state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court
of Appeals decision and sent it back to the appellate court.
MoreWomen accused of operating 'puppy mill' file lawsuit
June 24, 2011
Jennifer NelsonThe mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as
a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.
MoreTax Court warns against arguing wages aren't taxable
May 16, 2011
Jennifer NelsonIn rejecting a man’s argument that his employment wages shouldn’t be subject to Indiana’s adjusted gross
income tax, the Indiana Tax Court warned that those who present a similar argument in the future may be subject to paying
the attorney fees of the other party.
MoreWelcoming the new tax judge
March 16, 2011
IL StaffMartha Blood Wentworth took her oath of office and received her robe at an investiture ceremony March 8.
MoreInvestiture set for new tax judge
March 2, 2011
IL StaffIndiana Tax Court Judge Martha Blood Wentworth’s formal robing ceremony will be held at 10:30 a.m. March 8 in the Indiana
Supreme Court courtroom. Judge Thomas Fisher will preside over the ceremony.
MoreDistribution of judicial decisions still evolving
February 16, 2011
Michael HoskinsNestled on a top shelf in the Indiana Supreme Court’s law library, the book doesn’t stand out, and one might not
look at it any differently than the others nearby.
MoreJTAC fee bill amended, other bills moving
February 11, 2011
IL StaffThe Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it
out of committee, but not before legislators decreased the fee beginning this year.
MoreJudge reverses probate court in first opinion
February 9, 2011
Jennifer NelsonJudge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed
the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a
deceased woman’s brother on an annuity contract.
MoreNew tax court judge takes the bench
January 19, 2011
IL StaffMartha Wentworth started her new position as Indiana Tax Court judge this week.
MoreLast day for legislators to file bills
January 13, 2011
IL StaffToday is the deadline for state senators to file Senate bills to be considered during the 2011 session. State representatives’
deadline for filing House bills was Tuesday and they have until today to file vehicle bills.
MoreIndiana welcomes new Tax Court judge
January 5, 2011
Michael HoskinsLong before law school and a legal career, Martha B. Wentworth owned a business and says her favorite part of that was paying
her taxes.
MoreNew Tax Court judge 'honored and humbled' by appointment
December 23, 2010
Michael HoskinsA longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s
newest Tax Court judge and the first woman to hold a seat on that bench.
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Court Calendar
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May 23, 2012 Covered Bridge Homeowners Association vs. Town of Sellersburg, Indiana - 5/23/12
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June 1, 2012 Brotherhood Mutual Insurance Co., et al. v. Michiana Contracting, et al. - 6/1/12
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June 12, 2012 State of Indiana Military Department, et al. v. Continental Electric Co.
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June 19, 2012 The City of Indianapolis v. National Trust Insurance Co., et al.
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G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.
SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.
Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.
Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.
Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.
This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.