Indiana Tax Court

COA: Case belongs in Tax Court

September 30, 2015
Jennifer Nelson
A company owner seeking relief from a tax judgment should not have filed in county court, but with the Indiana Tax Court, the Court of Appeals concluded Wednesday. It ordered the case dismissed on jurisdictional grounds.
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Tax Court reverses assessment after ‘trial by ambush’

September 21, 2015
Dave Stafford
The Indiana Board of Tax Review abused its discretion and conducted a “trial by ambush” when it heard the appeal of a property owner who challenged the assessment of a property in Long Beach.
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Change in tax law allows profitable retailer to receive refund

September 10, 2015
Marilyn Odendahl
A ruling from the Indiana Tax Court has positioned a retailer who recorded a banner year in sales and growth in 2003 to get a tax refund from the state of Indiana.
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Tax Court affirms assessments in exclusive addition

September 9, 2015
Dave Stafford
Arguments that land assessments in one of Allen County’s most exclusive residential additions should have been about one-third of the final valuation failed to persuade the Indiana Tax Court.
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Tax Court affirms dismissal of common-property assessment appeals

September 4, 2015
Dave Stafford
A homebuilder that challenged assessment of common area parcels of land within several residential neighborhoods in Hendricks County lost its appeal at the Indiana Tax Court Friday.
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Summary judgment denied in business owners’ tax appeal

September 2, 2015
Marilyn Odendahl
Reminding the parties that the summary judgment procedure is not a substitute for trial, the Indiana Tax Court has denied an attempt by the Indiana Department of State Revenue to end a long-running tax dispute.
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Tax court reaffirms ruling against Grant County assessor

August 21, 2015
Dave Stafford
The Indiana Tax Court on Friday reaffirmed its ruling that a company received insufficient notice of a retroactive assessment of its property in Grant County.
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R.R. Donnelly loses appeal over shipping pallet taxes

August 20, 2015
Dave Stafford
A company’s purchase of shipping pallets is subject to Indiana use tax according to a ruling of the Indiana Tax Court issued Thursday.
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In estate case, Tax Court upholds ruling against state

August 12, 2015
Dave Stafford
A probate court ruled correctly when it denied the state’s argument that distributions to heirs from a trust established in 2008 should have been subject to Indiana’s estate tax, which has since been abolished.
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Hamilton Southeastern Utilities gets partial Tax Court win

August 7, 2015
Dave Stafford
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.
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Tax Court stands by its original decision

July 30, 2015
Marilyn Odendahl
Reiterating the relationship between exclusion and consumption exemption, the Indiana Tax Court upheld its earlier ruling exempting Aztec Partners LLC from paying sales tax on the electricity it used.
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Tax Court: IndyGo appeal of $800,000 budget cut may proceed

July 16, 2015
Dave Stafford
IndyGo received the green light to proceed with a Tax Court appeal of about $800,000 in budget cuts the state ordered for the public transportation service in 2012.
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Convenience stores win one, lose one in property assessment battle

July 6, 2015
Marilyn Odendahl
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
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Use tax on out-of-state vehicle purchases upheld

June 30, 2015
Dave Stafford
A tree service properly paid Indiana use tax on its commercial vehicle purchases made outside the state, and imposition of those taxes did not violate the Commerce Clause, the Indiana Tax Court ruled Tuesday.
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Electricity used by Qdoba restaurants in food prep not taxable, court holds

June 24, 2015
Jennifer Nelson
The Indiana Tax Court has ruled in favor of a company that operates 19 Qdoba Mexican restaurants in Indiana on its request that electricity used to power certain equipment is not subject to Indiana sales tax.
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Homeowners association loses appeal of assessments

June 19, 2015
Jennifer Nelson
Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.
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Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015
Jennifer Nelson
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
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Tax Court affirms Zionsville office assessment

May 15, 2015
Dave Stafford
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.
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Tax Court: Assessor did not comport with notice requirements for back taxes

May 13, 2015
Jennifer Nelson
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
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Jury is out on Indiana Tax Court

May 6, 2015
Dave Stafford
The Indiana Supreme Court on April 20 appointed a task force to study the work volume, operations and performance of Indiana’s Tax Court, created in 1986 by the Legislature to remove the intricate tax cases from state trial courts.
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Appellate court records make switch to Odyssey May 4

April 29, 2015
IL Staff
Beginning next week, basic case information on appeals before the Indiana Supreme Court and Court of Appeals will be available to the public through the Odyssey docket. The Indiana Tax Court made the switch in December.
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County can’t raise tax to fund emergency expenses

April 24, 2015
Jennifer Nelson
The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners' request to increase the county's Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.
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Tax Court panel to review resources, performance

April 21, 2015
IL Staff
The Indiana Supreme Court Monday announced the establishment of a task force to review the Tax Court’s operations.
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Tax Court puts certain ESPN records under seal

April 10, 2015
Jennifer Nelson
Because the records ESPN Productions Inc. seeks to keep from public disclosure in its appeal of taxes assessed against it contain trade secrets, the Indiana Tax Court on Thursday granted the company's request to put most of records at issue under seal.
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Tax Court affirms ruling in favor of KinderCare on educational exemption

April 1, 2015
Jennifer Nelson
The Indiana Board of Tax Review did not err when it determined property on which a KinderCare Learning Center sits qualified for an educational purposes exemption for the 2009 tax year, the Indiana Tax Court ruled Wednesday.
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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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