Indiana Tax Court

Tax Court rules in favor of exemptions for trucking company

July 20, 2017
Olivia Covington
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
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State, DuPont both get partial victories in appeal of assessments

July 12, 2017
Olivia Covington
The Indiana Tax Court has granted partial summary judgment to the Indiana Department of State Revenue and a Delaware-based industrial, agricultural and manufacturing business after finding both parties erred in their filing and assessments of 2005 through 2007 tax returns.
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Supreme Court seeking comments on proposed rule changes

July 10, 2017
IL Staff
The Indiana Supreme Court Appellate Technology section is soliciting feedback on proposed changes to four areas of Indiana judicial procedure.
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Tax Court rules for State Revenue Department in assessment case

June 16, 2017
Olivia Covington
The Indiana Tax Court has granted summary judgment to the Indiana Department of State Revenue after finding the department’s proposed assessments of a northern Indiana heating equipment manufacturer were not void as a matter of law.
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Evansville newspaper can’t claim tax deduction for out-of-date printing press

June 6, 2017
Olivia Covington
A southern Indiana newspaper company cannot claim an “abnormal obsolescence” tax deduction for its purchase of a now-outdated printing press after a special tax court judge found the media company did not establish a prima facie case.
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Tax Court affirms board’s valuations of Bloomington CVS store

May 26, 2017
Olivia Covington
In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.
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Supreme Court rejects ‘dark box’ case, lets Tax Court ruling stand

April 28, 2017
Olivia Covington
A divided Indiana Supreme Court has denied review to a tax case involving the use of vacant, or “dark,” retail store properties in determining tax assessments for similar-functioning retail properties, allowing the Indiana Tax Court’s ruling in the case to stand.
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Zimmer, state get partial judgments from Tax Court

April 14, 2017
Olivia Covington
The Indiana Tax Court has granted summary judgment to both the Indiana Department of Revenue and an in-state manufacturer, holding that the state’s use tax applies to some of the manufacturer’s products that are stored in Indiana, but not to those products used solely for out-of-state work.
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Tax Court affirms assessments of lakefront property

April 12, 2017
Olivia Covington
The Indiana Tax Court has affirmed two property assessments for a lakefront property in northern Indiana, finding that the property owner failed to meet her burden of proof to discredit the county’s assessments.
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Tax Court returns to IU Maurer for hearing in new CVS case

March 6, 2017
IL Staff
The Indiana Tax Court will return to Bloomington this week to hear another case involving the Monroe County Assessor and the CVS Corporation.
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Tax Court rules against steelworkers hall exemptions

March 6, 2017
Olivia Covington
A Porter County union cannot receive property tax exemptions on its meeting hall for the 2008 and 2010 tax years after the Indiana Tax Court held Friday that the property’s functions were largely used for the benefit of union members.
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Tax Court grants partial reimbursement on discovery enforcement motions

February 16, 2017
Olivia Covington
The Indiana Tax Court has awarded reimbursement fees to both the University of Phoenix Inc. and the Indiana Department of State Revenue after finding that the two entities were entitled to reimbursement on some, though not all, of the discovery enforcement motions filed in their litigation.
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Tax Court to hear arguments at IU Maurer

February 8, 2017
IL Staff
The Indiana Tax Court is taking its oral arguments on the road and heading to Bloomington this week.
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Tax court judge rejects request to compel further discovery

February 6, 2017
Olivia Covington
After previously allowing the deposition of the former commissioner of the Indiana Department of State Revenue, the Indiana Tax Court rejected the University of Phoenix’s requests to compel further discovery, writing that the additional discovery likely would not reveal admissible evidence.
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Tax Court reverses educational property tax exemption

February 6, 2017
Olivia Covington
The Indiana Tax Court has reversed an educational property tax exemption for a Carmel day care after finding that the land’s owner failed to properly compare the total time the property was used for educational purposes against the total time the day care utilized the land.
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Company must pay sales tax on electricity, freezer equipment

January 12, 2017
Olivia Covington
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
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State judicial leaders present budget proposals at first Ways and Means meeting

January 11, 2017
Olivia Covington
Indiana’s top judicial leaders made their cases for additional funding in the next two years on Wednesday, with the biggest funding boost requested to support continued court technology initiatives.
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Assessor waived objection to untimely filing of record

January 3, 2017
Jennifer Nelson
The Indiana Tax Court on Friday determined that a northern Indiana assessor’s office waived its objection to a late-filed certified administrative record in a tax appeal, ruling that an objection must be made before the merits of a case have been furthered.
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Tax Court: Orbitz doesn’t have to pay additional sales, innkeeper’s taxes

December 20, 2016
Olivia Covington
A popular travel and booking website will not have to pay the state more than $200,000 in back taxes after the Indiana Tax Court held that the website is not considered a retail merchant.
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Tax Court to hold oral arguments at Notre Dame

November 29, 2016
IL Staff
The Indiana Tax Court will hear arguments Wednesday on the campus of Notre Dame Law School.
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Tax Court allows University of Phoenix to depose former revenue commissioner

November 28, 2016
Olivia Covington
The University of Phoenix Inc. can depose the former commissioner of the Indiana Department of State Revenue in a case related to the school’s income taxes after the Indiana Tax Court found that the former commissioner did not warrant a protective order to prevent him from testifying.
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Tax court: Man can leave estate to non-biological ‘children’

November 8, 2016
Olivia Covington
Although he had no biological children, an Illinois man who spent the latter part of his life in Indiana can legally leave his estate to a couple who he considered his children under the doctrine of an in loco parentis relationship, the Indiana Tax Court decided Monday.
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Tax court affirms CVS valuation, stands by prior retail rulings

November 7, 2016
Olivia Covington
A CVS store in Bloomington has won its case against what it said were inaccurate tax assessments after the judge of the Indiana Tax Court rejected the argument that her previous rulings were inaccurate.
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Tax Court upholds constitutionality of personal property valuation for steel mills

October 5, 2016
Olivia Covington
Despite multiple allegations of state and federal constitutional violations, the Indiana Tax Court decided Wednesday that a state tax statute requiring steel mills to operate blast furnaces in Indiana to receive a certain classification on their personal property taxes will stand.
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Tax Court orders reassessment of Westfield apartment property

October 5, 2016
Olivia Covington
The Indiana Tax Court decided Wednesday that the Hamilton County assessor misconstrued a portion of the Residential Property Statute in 2012, forcing the assessor to reclassify a Westfield apartment complex and its surrounding property.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

  3. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  4. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  5. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

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