Indiana Tax Court

Tax court adjusts sales, use taxes for contractor

May 20, 2016
Scott Roberts
The Indiana Tax Court reversed some issues and affirmed others related to Miller Pipeline's claim of refund of sales and use taxes remitted for the 2006 and 2007 tax years, ruling the contractor overpaid by tens of thousands of dollars.
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Appellate pleadings and motions going online pushed to July 1

May 9, 2016
Scott Roberts
In its third meeting, the Advisory Task Force on Remote Access to and Privacy of Electronic Court Records shifted discussion to what types of trial court cases should be made available online at mycase.in.gov and any potential issues in doing so.
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Couple must pay taxes on home even if it wasn’t completed

May 5, 2016
Scott Roberts
The Indiana Tax Court upheld a decision Wednesday from the Indiana Board of Tax Review which said a couple must pay taxes on their residence whether or not it was completed.
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Tax court: Fees not subject to utility receipt tax

May 2, 2016
Scott Roberts
The Indiana Tax Court found a utility’s nontaxable connection fees were separated from taxable receipts on its returns and were therefore not subject to Indiana’s utility receipt tax.
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Man again wins tax claim in part; full decision awaits

April 15, 2016
Scott Roberts
Nick Popovich’s ongoing saga with the Indiana Tax Court continued Thursday as he again won a partial victory against the Indiana Department of State Revenue.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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Tax Court: Mall property value should be reduced

April 11, 2016
Scott Roberts
The Indiana Board of Tax Review did not err when it reduced the property assessments of Lafayette Square Mall for 2006 and 2007, the Indiana Tax Court ruled Friday.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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State appellate briefs make online debut

April 1, 2016
IL Staff
Briefs filed in Indiana appeals were made available for online for the first time Friday.
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Interim appellate court clerk replaces Smith

April 1, 2016
Dave Stafford
Long-serving Indiana appellate court clerk Kevin S. Smith resigned recently, and former deputy clerk Greg Pachmayr is now serving as interim clerk.
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Man, IRS win split Tax Court decisions

March 7, 2016
Scott Roberts
The Indiana Tax Court ruled Nick Popovich should get $24,963 for successfully prosecuting his first motion to compel against the Indiana Department of Revenue, but ruled the Department of Revenue should get $5,175.25 in court fees for successfully defending Popovich’s second motion to compel.
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Appellate court filings to be put online April 1

February 29, 2016
Scott Roberts
A task force created by the Indiana Supreme Court to look into remote access and privacy of electronic records decided appellate court briefs filed by attorneys would be put online at mycase.in.gov beginning April 1.
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Tax Court seeks comment on e-filing rules

February 23, 2016
IL Staff
Indiana Tax Court is soliciting comments on proposed rule changes to provide for electronic filing and service of documents, excluding initial case filings.
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Supreme Court vacates Tax Court ruling in seized-dogs case

February 9, 2016
Dave Stafford
An Indiana Tax Court ruling that the state improperly denied a refund of the value of 240 dogs seized from an alleged puppy mill in southern Indiana was vacated Monday by the Indiana Supreme Court.
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Tax Court upholds land reclassification over assessor’s objection

February 1, 2016
Jennifer Nelson
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
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Council resolution did not waive requirements for tax deduction

December 31, 2015
The Indiana Board of Tax Review’s final determination that the city of Bluffton’s Common Council waived a company’s compliance with certain statutory requirements for its 2013 personal property tax abatement deduction is contrary to law, Indiana Tax Judge Martha Wentworth ruled Thursday.
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County scores partial victory on mall assessments

December 30, 2015
Jennifer Nelson
The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.
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Man did not provide enough evidence to support lower home valuations

December 30, 2015
Jennifer Nelson
A homeowner seeking to reduce the valuation of his residential properties did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday in two separate appeals.
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6 counties next in line for trial court e-filing

December 28, 2015
 Associated Press
Six Indiana counties — Clark, Harrison, Henry, St. Joseph, Shelby and Wells — will be joining Hamilton County in implementing e-filing in the trial courts during the first half of 2016, with more to come later.
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Court rules in favor of Columbia Sportswear in income tax dispute

December 21, 2015
Jennifer Nelson
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
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Blended gasoline raises question of tax exemption

December 15, 2015
Marilyn Odendahl
A convenience store’s process for mixing two grades of gasoline left too many questions unanswered for the Indiana Tax Court to determine if the equipment used in the blending process was tax exempt.
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Indiana Tax Court moves to e-filing in January

December 9, 2015
IL Staff
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
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Judge: Tax board correctly reduced shopping center’s assessment

December 4, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it reduced the real property assessment of an Indianapolis shopping center by reinstating the previous year’s assessment, the Indiana Tax Court held Thursday.
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Ex-jewelry store operators lose tax appeal

November 20, 2015
Jennifer Nelson
The operators of a former jewelry store in central Indiana were unable to convince the Indiana Tax Court they are entitled to more than $160,000 in sales tax refunds.
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Judge calls out DLGF ‘infirmities’ in ruling for township, fire district

November 13, 2015
Dave Stafford
Indiana Tax Court Judge Martha Blood Wentworth had a few choice words for the Department of Local Government Finance in finding the state hadn’t answered the key question in a township’s tax appeal.
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  1. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  2. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  3. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  4. I totally agree with John Smith.

  5. An idea that would harm the public good which is protected by licensing. Might as well abolish doctor and health care professions licensing too. Ridiculous. Unrealistic. Would open the floodgates of mischief and abuse. Even veteranarians are licensed. How has deregulation served the public good in banking, for example? Enough ideology already!

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