Tax Issues

Suit alleging Kroger stores didn’t collect sales tax reverts to state court

June 16, 2017
Dave Stafford
A Fort Wayne attorney’s lawsuit alleging Kroger stores in Indiana have for years knowingly failed to collect and remit state sales tax on hundreds of non-exempt food items and other goods will be heard in state court after a judge denied the grocers' bid to transfer the suit to federal court.
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Tax sale purchasers lose as COA tangles over statutory interpretation

June 12, 2017
Marilyn Odendahl
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
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Judgment against ex-state lawyer vacated in long-running puppy mill case

June 5, 2017
Olivia Covington
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
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Potential death of Affordable Care Act likely to cut taxes

May 31, 2017
Marilyn Odendahl
The American Health Care Act, which seeks to repeal and replace the ACA, passed the House on a party-line vote but has not gained much traction in the Senate. In fact, the upper chamber is crafting its own repeal-and-replace legislation that could differ widely from the House proposal.
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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 declines case involving RFRA as a tax defense

May 24, 2017
 Associated Press
The Indiana Supreme Court won't take up a case involving an Indianapolis man who tried to use the state's religious objections law as a defense for not paying his state taxes.
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Indy car dealers must pay $590,000 in unpaid sales tax

May 8, 2017
IL Staff
Two Indianapolis car dealers were ordered Monday to pay $590,437 in restitution to the state for failing to pay taxes on auto sales, Marion County Prosecutor Terry Curry announced.
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7th Circuit affirms tax fraud convictions

May 5, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the convictions and sentence of a man convicted on three tax fraud charges, finding that the district court properly excluded evidence of his corporate “meeting minutes.”
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Supreme Court says cities can sue banks under US housing law

May 1, 2017
 Associated Press
The Supreme Court of the United States ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes.
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Justices consider use of ‘dark box’ properties in assessments

April 27, 2017
Olivia Covington
Discerning the true meaning of the term “market value-in-use” is the central task now before the Indiana Supreme Court as it considers whether to accept review of a tax case that attorneys say will have a far-reaching effect on Indiana’s assessment system.
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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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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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