tax issues

Tax Court: Alleged puppy mill owner wrongly denied refund

January 5, 2015
The Indiana Department of Revenue improperly denied a refund of the value of 240 dogs seized by the state from an alleged Harrison County puppy mill, the Indiana Tax Court ruled Dec. 31.
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‘Second haircut’ nixed by tax court

December 29, 2014
Marilyn Odendahl
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
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Tax Court invalidates contract distinction in administrative regulations

December 22, 2014
Jennifer Nelson
In ruling for a national home improvement chain on whether it had to collect sales tax from customers who used its contractor services, the Indiana Tax Court invalidated a distinction contained in Department of Revenue administrative regulations regarding the type of contract a contractor uses.
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COA orders trial court to rule on motion to set aside tax deed

December 17, 2014
Jennifer Nelson
Because a man’s appeal of the issuance of a tax deed was improperly before the Indiana Court of Appeals, the court dismissed the appeal without prejudice and told the trial court to rule on his motion to set aside.
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Justices: Homes subject to tax sale from delinquent sewer fees

December 4, 2014
Jennifer Nelson
The Indiana Supreme Court issued two cases dealing with the same issue Thursday: whether a tax sale could be used to collect unpaid sewer bills. The justices ruled it could and reversed judgment in favor of the homeowners.
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Court reverses adjustment to fire protection territory’s general fund levy

November 20, 2014
Jennifer Nelson
Citing a lack of sufficient factual findings and a public law’s unconstitutionality, the Indiana Tax Court on Wednesday reversed the adjustment made by the Department of Local Government Finance to the Greenfield Fire Protection Territory’s general fund levy for the 2012 budget year.
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US Supreme Court weighs state tax authority

November 13, 2014
 Associated Press
The Supreme Court of the United States on Wednesday considered placing new limits on how states can assess income tax on money that residents earn across state lines.
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Judges reject property owner’s interpretation of tax sale statute

October 24, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the purchaser of property in a tax sale substantially complied with the statutory requirement that the owner of record is notified about the buyer’s intent to petition for a tax deed.
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Judge rules for revenue department on man’s claim for sanctions

September 18, 2014
Jennifer Nelson
A man who argued that the Indiana Department of State Revenue should be sanctioned for allegedly producing his ex-wife’s transmittal envelope for her tax return and passing it off as his own lost his case before the Indiana Tax Court Thursday.
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Tax Court denies rehearing in charitable purposes exemption case

September 10, 2014
Jennifer Nelson
Tax Judge Martha Wentworth affirmed that a housing company in Bartholomew County failed to show that its rental properties qualified for a charitable purposes exemption for the 2006 tax year. The judge denied granting Housing Partnerships Inc.’s request for a rehearing.
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Justices reverse Tax Court ruling favoring Caterpillar

August 25, 2014
Dave Stafford
The Indiana Supreme Court Monday reversed a Tax Court ruling that favored Caterpillar Inc., holding the company could not deduct foreign-source dividend income when calculating its net operating losses for the years 2000 through 2003 for Indiana tax purposes.
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Counsel’s conflict, misconduct bar class certification in tax sale suit

August 22, 2014
Dave Stafford
A federal judge cited an attorney’s conflict of interest, misconduct and relative inexperience in rejecting his bid to certify a class in a lawsuit over costs of redeeming property after tax sales.
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Tax Court affirms racquet club assessments

August 22, 2014
Dave Stafford
The Indiana Tax Court affirmed 2002 property tax assessments of the Indianapolis Racquet Club Thursday.
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COA: Auditor complied with notice statutes in tax sale

August 18, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a 2013 order by a trial court that tax sale deeds be issued, agreeing that the Marion County auditor complied with the statutes dealing with notices surrounding tax sales.
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Payment of ‘ad valorem’ taxes sustain ownership in mineral interest

August 11, 2014
Marilyn Odendahl
Reversing the trial court’s ruling, the Indiana Court of Appeals concluded that a woman’s payment of “ad valorem” taxes on a mineral interest in Posey County prevented the lapse of her partial ownership.
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Court upholds property tax assessments of Kokomo Mall

August 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday affirmed the decision by the state Board of Tax Review to reduce Kokomo Mall LLC’s commercial property assessments for the 2007-2009 tax years.
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COA: Questions remain whether proper notice given after tax sale

June 26, 2014
Jennifer Nelson
The Indiana Court of Appeals, citing several questions of fact in a case involving a tax sale, affirmed denial of summary judgment for a mortgagee that sought to set aside the issuance of a tax deed.
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Legal snags kill Community-Eskenazi hospital merger

June 13, 2014
IBJ Staff, J.K. Wall
Community Health Network and Eskenazi Health quietly called off their engagement months ago, when they found out federal laws effectively prohibited their marriage.
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Nonprofit unable to prove it is entitled to charitable tax exemption

June 9, 2014
Jennifer Nelson
The Indiana Tax Court Friday upheld the decision to deny a charitable purposes exemption for the 2006 tax year to a Bartholomew County nonprofit that provides housing for low-income residents. The court agreed the nonprofit failed to show that its rental properties qualified for the exemption under I.C. 6-1.1-10-16.
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Tax Court affirms 2006 assessment appealed pro se

June 5, 2014
Jennifer Nelson
Although sympathetic to a mother and daughter’s plight, the Indiana Tax Court affirmed the 2006 assessment of a downtown Indianapolis condominium. The judge pointed out that pro se litigants are held to the same standards as licensed attorneys.
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Court affirms Steuben County couple’s 2006 real property assessment

May 29, 2014
Jennifer Nelson
A Steuben County couple could not convince the Indiana Tax Court to find that the $292,800 land assessment of their residential property in 2006 was too high.
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Judge upholds 2009 tax year exemption

May 28, 2014
Jennifer Nelson
The Indiana Tax Court rejected the Hamilton County assessor’s claim that a for-profit limited liability company created to purchase office space for its nonprofit tissue donation company should not qualify for a charitable purposes exemption for the 2009 tax year.
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Tax Court: Company creates new tool, entitled to exemption

May 15, 2014
Jennifer Nelson
The Indiana Tax Court has ruled in favor of a Hammond company in its attempt to exempt certain equipment from the state’s sales and use taxes.
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Judge rejects petitioners’ requests to prevent tax collection

May 12, 2014
Jennifer Nelson
Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.
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Man lacks standing to pursue cause of actions in failed home purchase

May 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed that the underwriter of title insurance stands in the shoes of its insureds, so a man suing several entities over a failed home purchase lacks standing to pursue his causes of action.
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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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