Tax Issues

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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Company fails to prove it is entitled to legal relief on 2 claims

May 7, 2014
Jennifer Nelson
The Indiana Tax Court Wednesday agreed with the Indiana Department of State Revenue that two claims made by a company appealing its tax liability should be dismissed because legal relief cannot be granted.
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Gambler scores partial victory before Tax Court

April 25, 2014
Jennifer Nelson
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
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Judge: Assessor waived objection

April 17, 2014
Jennifer Nelson
The Indiana Tax Court denied the Jefferson County assessor’s request that a couple’s appeal of the assessment of their residential real property be dismissed, finding the assessor waived her objection to the timeliness of the couple’s administrative record request.
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Law firms fight ‘onerous’ proposed tax change

April 9, 2014
Dave Stafford
Lawyers representing Indiana’s legal profession are heading to Washington, D.C., with a message for their congressional delegations – kill a proposal that would change the way many law firms report income-tax obligations.
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Wine bar’s programmable cards not subject to tax exemption

April 1, 2014
Dave Stafford
An Indianapolis wine bar’s programmable cards that customers purchase to dispense samples are not subject to resale tax exemption, the Indiana Tax Court ruled Monday.

 
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Court upholds denial of tax exemptions

March 19, 2014
Jennifer Nelson
The Indiana Tax Court Tuesday ruled that the state Board of Tax Review did not err when it determined a nonprofit in Mooresville was not entitled to either a fraternal beneficiary association exemption or a charitable purposes exemption for the 2006 tax year.
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COA: Buyer complied with notice statutes for obtaining tax deed

March 6, 2014
Jennifer Nelson
Noting that the parties and trial court did not follow the established procedures to set aside a tax deed, the Indiana Court of Appeals held that the court erred in finding a buyer’s notices sent certified mail were statutorily deficient. The notices did not request return receipt.
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Court affirms higher home assessment as compared to neighbors

January 24, 2014
Jennifer Nelson
The Indiana Tax Court Thursday affirmed the 2007 assessment of a property in an upscale community on Lake Michigan, rejecting the homeowner’s argument that the assessment should be lower because surrounding homes were assessed at a lower ratio when taking into account the prices at which the homes were sold.
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Man loses 2 appeals before Tax Court

December 31, 2013
Jennifer Nelson
A Carroll County man who owns agricultural property containing hog buildings couldn’t convince the Indiana Tax Court that the Indiana Board of Tax Review erred when it rejected four self-prepared analyses he offered as to what value his property should be assessed.
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Repeal of administrative code abolishes 3-year limit for filing petitions

December 30, 2013
Marilyn Odendahl
In a ruling that it conceded could “open the floodgates,” the Indiana Tax Court found neither state statute nor regulations provided any time limits for homeowners to file petitions to correct error on their property tax assessments.
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Man entitled to homestead deduction on Fountain County property

December 11, 2013
Jennifer Nelson
The Indiana Tax Court Tuesday reversed the determination that a man could not receive the homestead standard deduction on his Fountain County property because the decision is unsupported by evidence. The Indiana Board of Tax Review’s conclusion that the property was not Roderick Kellam’s principal place of residence was contrary to law. 
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Property tax assessment prevents township from controlling cemetery

December 9, 2013
Jennifer Nelson
Because a couple had paid taxes on the land where a cemetery existed since 1967, the township did not have authority under Indiana law to exercise control over that cemetery, the Indiana Court of Appeals affirmed Monday.
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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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