tax issues
COA rules in favor of tax sale bidder in dispute over property
June 13, 2013
Jennifer NelsonThe Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure
in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
MoreHouse, Senate override veto of HEA 1546
June 12, 2013
Jennifer NelsonIndiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether
to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed
the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.
MoreJudges order more proceedings in low-income apartment tax credit case
June 10, 2013
Jennifer NelsonBecause there are genuine issues of material fact regarding claims made against apartment management company Flaherty &
Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based
on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
MoreInsufficient notice voids tax deed
May 30, 2013
Jennifer NelsonThe Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels
of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales
and redemption rendered void a tax deed on the properties assigned to someone else.
MoreDLGF ordered to decide whether loan determination is unconstitutional
May 28, 2013
Jennifer NelsonThe Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at
its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents
argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible
for the loan.
MoreTaxed to death no more
May 22, 2013
Dave StaffordThe fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the
biennial budget lawmakers approved this session.
MoreCourt rules county may re-establish hospital building fund
May 20, 2013
Dave StaffordJasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel
a hospital, the Indiana Tax Court ruled.
MoreMobile home park's occupancy rate not enough to reduce property assessment
May 6, 2013
Marilyn OdendahlA low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property
assessment reduced.
MoreTax Court denies excess levy sought by IndyGo
May 6, 2013
Dave StaffordIndianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department
of Local Government Finance ruled did not exist.
MoreTax court rules that evidence, not conclusory statements, needed to make prima facie case
April 30, 2013
Marilyn OdendahlA doubled property value will stand because the property owner did not offer any market-based evidence when challenging the
new assessed value, the Indiana Tax Court has ruled.
MoreJudge rules in favor of Caterpillar in tax deduction dispute
March 29, 2013
Jennifer NelsonIndiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign
source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from
taxable income in future years.
MoreAttorneys use pro bono tax work to fill the gap
March 27, 2013
Marilyn OdendahlAlmost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into
her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
MoreTax clinic brings relief to homeowners fighting high assessments
March 27, 2013
Marilyn OdendahlAt Faegre Baker Daniels LLP, the attorneys suspected there was a gap in pro bono tax help for owners of homes valued at $150,000
or less. They were looking for a volunteer opportunity so they organized the first ever Homeowner Property Tax Clinic.
More2 Indianapolis attorneys charged with felonies
March 8, 2013
IL StaffTwo Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
MoreBGBC: Understand how the new tax law affects you
January 30, 2013
On Jan. 2, 2013, President Barack Obama signed into law the American Taxpayer Relief Act of 2012. We’ve compiled some
key takeaways from the Act so you have a better understanding of how it affects your clients and you
MorePossible end of tax credit leaves future renewable energy sources up in the air
December 5, 2012
Dave StaffordNewton County lawyer Dan Blaney has a blunt reaction to the potential end of a federal subsidy that has enabled the rise of
wind energy in his part of the state. “We’re in trouble,” he said.
MoreJustices to decide if tax sale notice statute unconstitutional
November 27, 2012
Jennifer NelsonThe Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax
sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due
process.
MoreEvidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’
November 6, 2012
Marilyn OdendahlA dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an
error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.
MoreBoard did not abuse discretion in finding assessor’s appraisal more persuasive
November 6, 2012
Marilyn OdendahlNoting that determining the assessed value of a property is not an exact science, the Indiana Tax Court rejected a property
owner’s assertion that the county assessor’s appraisal was improperly given greater weight.
MoreCommon carrier entitled to more tax exemptions
October 31, 2012
Jennifer NelsonA Wabash-based company that relocates oversized factory machinery won a partial victory in the Indiana Tax Court Tuesday.
Judge Martha Wentworth ordered the Indiana State Department of Revenue to reassess the company’s tax obligations after
finding some property should be considered exempt.
MoreCourt splits over whether approval of entire contract must be voided
October 30, 2012
Jennifer NelsonChief Judge Margret Robb dissented from her colleagues on the Court of Appeals Tuesday as to whether approval of a contract
for the purchase and sale of substitute natural gas must be voided in its entirety because the contract definition of “retail
end use customer” differs from the statutory definition.
MoreMarion County to ask Indiana Tax Court to take mall cases
October 24, 2012
Kathleen McLaughlinMarion County is granting Simon Property Group Inc. a $2.4 million refund, after a tax review board cut the value of two ailing
malls roughly in half.
MoreNorthwest Indiana officials indicted on federal charges
October 5, 2012
IL StaffSix people in northwest Indiana, including three council members, were indicted Thursday on federal charges resulting from
an investigation by the Northern District of Indiana’s Public Corruption Task Force.
MoreIn reversal, tax court says estate not entitled to interest on refund, judgment
September 7, 2012
Dave StaffordThe estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the
Lake County probate court awarded, the Indiana Tax Court ruled Friday.
MoreCourt affirms judgment with minor recalculation in decade-long dispute
August 27, 2012
Dave StaffordThe Indiana Court of Appeals affirmed most of the $627,570 judgment in favor of a Fort Wayne restaurant operator sued by former
mortgagors in a rehearing of litigation dating back more than a decade, but it ordered recalculation of a judgment based on
the restaurant’s earnings.
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Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.
Forcing a defendant to wear a stun belt, in court or otherwise, is a violation of american principles! It is also unconstitutional!
So, if I save $100.00 cash per week, from my $500.00 per week paycheck, for 50 years, at which time, I will have saved $260,000.00, the government can raid my home and take my money, just by saying it is drug money! Shouldn't the government, have some kind of evidence of drugs, rather, than just saying we are the government and we will take anything you own, anytime we choose? Tyranny is upon us! If you don't know your rights, you don't have any!