Tax Issues

Emails heat up lawsuit over sale of Pacers stake

August 15, 2016
Greg Andrews, IBJ Staff
Attorneys for the IRS have gotten their hands on an email that appears to buttress their case that Herb Simon received a sweetheart deal when he acquired his ailing brother Mel’s 50 percent ownership in the Indiana Pacers in early 2009, just a few months before Mel died at age 82.
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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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Treasury corporate-debt rules exceed authority, tax lawyers say

July 15, 2016
 Bloomberg News
The U.S. Treasury Department exceeded its authority by proposing wide-ranging regulations intended to curb corporations’ ability to shift their American earnings overseas, tax lawyers told agency officials during a hearing.
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Official to plead guilty to tax assessment shakedown

July 12, 2016
 Associated Press
A northwest Indiana assessor's office employee will plead guilty to allegedly shaking down businesses in exchange for reducing their tax assessments.
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Pacers’ legal tenacity on display in IRS fight

July 11, 2016
Greg Andrews, IBJ Staff
The legal fallout stemming from Melvin Simon’s decision to unload his half of the Indiana Pacers to his brother Herb just a few months before his September 2009 death is getting crazier by the day.
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Wells Fargo’s partial tax victory may spur billions in refunds

July 6, 2016
 Bloomberg News
Wells Fargo & Co. got less than it wanted in a federal tax-refund lawsuit, yet the bank’s partial victory may spur billions of dollars in similar refund claims from companies that have done repeated mergers and acquisitions, tax lawyers say.
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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 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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7th Circuit: Horse racing venture was a business

April 18, 2016
Scott Roberts
An Indiana man who ran a horse racing business had his tax deficiencies for the 2005 and 2006 tax years voided by the 7th Circuit Court of Appeals after Judge Richard Posner ripped apart an opinion by the U.S. Tax Court.
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COA: Man entitled to refund after property reclaimed

April 15, 2016
Scott Roberts
The Indiana Court of Appeals reversed a Vanderburgh Superior trial court Friday, ruling a man can claim a refund after the property he bought at a tax sale was reclaimed by the owner due to a clerical error.
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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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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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Go Fund the IBF or Kickstart my Potato Salad?

April 6, 2016
From IndyBar
It’s tax season, which means it’s time to atone for the tax sins of 2015 and pledge to do better in 2016. Let’s see if you’re ready.
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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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IU students offer free tax assistance

February 11, 2016
IL Staff
Students with Indiana University Maurer School of Law and the Kelley School of Business will assist local taxpayers with free tax preparation help during February and March.
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Notre Dame to add tax clinic to curriculum

December 31, 2015
Marilyn Odendahl
Notre Dame Law School is preparing to launch a tax clinic to assist low-income and immigrant families in northern Indiana.
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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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COA upholds decision to deny Edinburgh tax deed

December 22, 2015
Jennifer Nelson
A trial court did not err when it entered an order denying the town of Edinburgh’s request for the issuance of a tax deed and granting the landowner equitable relief, the Indiana Court of Appeals held Tuesday.
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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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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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Supreme Court upholds former Colt's 'jock tax' victory

November 9, 2015
 Associated Press
The U.S. Supreme Court has rejected an appeal from the city of Cleveland over its formula for taxing visiting professional athletes for their work in the city.
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Tax Court affirms rulings for Verizon in contested assessments

November 2, 2015
Dave Stafford
State tax authorities who couldn’t convince administrative boards to uphold a tripling of assessed valuation on Verizon facilities in Allen County had no better luck Friday before the Indiana Tax Court.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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