Tax Issues

CIB ordered to give deposition in IRS-Simon lawsuit over Pacers deal

March 15, 2017
Greg Andrews, IBJ Staff
Indianapolis' Capital Improvement Board has failed in its effort to avoid getting entangled in a legal dispute between the IRS and Mel Simon’s widow stemming from Mel’s sale of his half of the Indiana Pacers to his brother Herb in 2009.
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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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Justices reject appeal of tea party groups over IRS review

February 21, 2017
 Associated Press
The U.S. Supreme Court has rejected an appeal from a nonprofit group that wanted to sue individual IRS officials for targeting tea party groups that applied for tax-exempt status.
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Prosecutor files charges against restaurant owners underreporting sales

February 9, 2017
Olivia Covington
The owners of five Mexican restaurants across Indiana who are accused of underreporting nearly $2 million in sales are now facing criminal charges in Marion Superior Court.
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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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7th Circuit dismisses Moorish tax claim, condemns ‘sovereign citizen’ ideology

February 3, 2017
Olivia Covington
A man who declared himself a “sovereign citizen” as a result of his “Moorish” heritage is in fact not a sovereign citizen who is exempt from taxes, the 7th Circuit Court of Appeals wrote in a Friday opinion that delved into the history of the Moorish-American movement that has been the source of “difficult litigation."
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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House Republicans' road plan includes gas-tax increase, user fees

January 4, 2017
Hayleigh Colombo
Indiana House Republicans on Wednesday released their legislative agenda, which includes a tax increase and increased user fees to pay for improving the state’s roads.
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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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High court won't hear challenge to internet sales tax law

December 12, 2016
 Associated Press
The Supreme Court of the United States won't hear a challenge to a Colorado law that requires out-of-state internet retailers to tell customers how much they owe in state sales taxes.
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‘Strict compliance’ with contempt statute not required if sufficient notice is given

December 7, 2016
Olivia Covington
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
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Notre Dame Tax Clinic to receive federal grant

December 5, 2016
IL Staff
The Notre Dame Law School will receive a federal grant to help fund its recently launched tax clinic.
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Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Indiana man cites religious freedom law for not paying taxes

November 21, 2016
 Associated Press
Attorneys for an Indianapolis man have argued before a state appellate court that Indiana's religious freedom law protects him from paying taxes.
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Lawsuit calls 2 Indiana tax statutes unconstitutional

November 14, 2016
Marilyn Odendahl
A Marion County resident, whose bank account of $155.44 was frozen by the Indiana Department of Revenue, is suing to prevent the state from taking assets for income tax debts without leaving the debtor something to pay for basic necessities like food and shelter.
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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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Proposed IRS regulation a taxing matter for relatives

October 19, 2016
Marilyn Odendahl
Proposed regulations from the Internal Revenue Service confirm that blood is thicker than water, but estate planning attorneys say the new rules could hand family-owned businesses much higher tax bills simply because they are family.
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Domestic relations, tax sale case designations to change

September 26, 2016
IL Staff
Domestic relations case-type designations will change in 2017, from “DR” for all case types to “DC” for cases in which children are involved and “DN” for those without children. The change was announced in an Indiana Supreme Court order issued Friday.
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Pence confident Trump Foundation followed law

September 21, 2016
 Associated Press
Mike Pence is defending Donald Trump against new criticism of how the Republican presidential hopeful used his charitable foundation.
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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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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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