Indiana Tax Court

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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Tax Court dismisses case against Department of Revenue due to petitioner inaction

September 30, 2016
Olivia Covington
The Indiana Tax Court dismissed a gasoline and convenience store company’s case against the state Department of Revenue Thursday, writing that the company failed to respond to discovery requests or take any action in the case for a period of more than two months.
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Tax Court allows for withdrawal of 29 requests for admissions

September 26, 2016
Olivia Covington
The Indiana Tax Court has ruled in favor of a recreational vehicle manufacturer and allowed a group of 29 separate requests for admissions to be withdrawn.
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Tax Court stands by lower assessment basis for big-box store

September 8, 2016
Dave Stafford
Indiana Tax Court rejected a county assessor’s appeal of the slashed assessed valuation of a department store, forcefully affirming that large retailers may base their assessments on the sale prices of similar vacant or “dark” retail store properties.
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Metal processor entitled to equipment, consumption exemptions

August 11, 2016
Jennifer Nelson
The Indiana Tax Court found Wednesday that an Illinois corporation that processes scrap steel is entitled to two exemptions under Indiana Code related to its sales and use taxes owed.
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State revenue department bound by 1998 ruling

July 19, 2016
Jennifer Nelson
The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.
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Supreme Court creates Tax Court Advisory Committee

July 8, 2016
IL Staff
The Indiana Supreme Court has established a committee to work with the Tax Court to implement reforms and recommendations from a task force created to examine the Tax Court.
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Deadline for mandatory e-filing nears for Hamilton County, Indiana appellate courts

June 29, 2016
Dave Stafford
Ready or not, the era of e-filing begins July 1 for everyone submitting court documents in Hamilton County and in Indiana’s appellate courts. There’s evidence that despite the buildup over recent months, many lawyers and filers may be caught off guard.
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Vendor, Department of Revenue win partial victories on sales tax case

June 24, 2016
Scott Roberts
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
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Tax Court delays add years to cases

June 15, 2016
Dave Stafford
A recent report urges reforms after a study finds criticism among practitioners of long wait times for resolution of cases.
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Jerrells: Thoughts on the Ad Hoc Tax Court Task Force report

June 15, 2016
Though naysayers may decry the costs of adding a magistrate, two additional judges, or both, it would be a small cost to avoid justice delayed and, therefore, justice denied.
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Tax Court upholds $592,000 assessment on lakehouse

June 7, 2016
Scott Roberts
The Indiana Tax Court affirmed an appraisal of $592,000 for a woman’s property, holding the owner appealing the judgment failed to relate her evidence for a lower appraisal to a Jan. 1, 2008, valuation date.
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West Lafayette business owner scores victory in Tax Court

June 3, 2016
Jennifer Nelson
The owner of two shops that sold books, music and other items, as well as rented movies, got a favorable ruling regarding his adjusted gross income tax owed in the Indiana Tax Court Friday.
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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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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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