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Opinions March 28, 2011

March 28, 2011
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7th Circuit Court of Appeals
Scott C. Cole and Jennifer A. Cole v. Commissioner of Internal Revenue
10-2194
U.S. Tax Court, Judge Diane L. Kroupa.
Tax. Affirms finding that the Coles omitted more than $1.2 million of income and more than $1.3 million of self-employment income from their 2001 joint tax return and that they fraudulently avoided tax liability. The Coles did not show clear error in the Tax Court’s finding that because they did not produce credible documentary or other evidence showing otherwise, that the commissioner’s reconstruction of their income was “reasonable and substantially accurate.” The Coles failed to show that the Tax Court clearly erred in finding that Scott may not avoid tax liability on his income by assigning it to another corporation when substantively his Bentley Group ownership never changed as evidenced by his continued dominion and control over the partnership’s funds.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Sean T. Ryan v. Dee Anna Ryan
71A03-1009-DR-453
Domestic relation. Reverses denial of Sean Ryan’s motion for relief under Indiana Trial Rule 60(B)(8) regarding the prices set for the sale of real estate as listed in the settlement agreement. The trial court abused its discretion in denying his motion for relief from judgment without hearing pertinent evidence. Remands with instructions.

Roman Catholic Archdiocese of Indianapolis, Inc. v. Metro School District of Lawrence Twp., et al.
49A02-1004-PL-427
Civil plenary. Affirms denial of the Roman Catholic Archdiocese of Indianapolis and Joseph Piper and other parents’ requests for declaratory and injunctive relief and the judgments in favor of Metropolitan School District of Lawrence Township and Concetta Raimondi, as superintendent of the school district, in a suit challenging the termination of a shuttle bus service paid for by the township to the private schools in the township. Indiana Code Section 20-7-11-1 doesn’t mandate that the school district must provide special school bus routes and free shuttle bus services not already in effect for the sole benefit of nonpublic school students.

Arnaldo Trabucco v. Pamela Trabucco
03A05-1003-DR-195
Domestic relation. Affirms the trial court’s use of income averaging to compute Arnaldo Trabucco’s child support obligation. The trial court did not err in using an income averaging approach to calculate his weekly gross income for child support and in including funds set aside for their son’s college and other accounts within the marital estate. Remands with instructions to consider whether the Home Federal IRA and IRA #1491 were consolidated into another IRA and therefore should not have been counted separately. Remands to also provide a detailed explanation of how the trial court arrived at the specific value assigned to a coin collection.

Capitol Construction Services v. Farah, LLC
49A04-1006-PL-354
Civil plenary. Affirms order denying Capitol Construction Services’ motion to dismiss demand for arbitration in favor of Farah LLC. Farah has not waived its right to arbitrate and equity favors the result reached by the lower court.

Steven A. Wright v. State of Indiana (NFP)
20A03-1004-CR-233
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.  

G.F. v. R.F. (NFP)
26A01-1008-DR-395
Domestic relation. Affirms denial of father’s petition for modification of child custody.

Cynthia Taylor v. Community Hospitals of Indiana, Inc. (NFP)
49A04-1008-PL-499
Civil plenary. Affirms summary judgment in favor of Community Hospitals of Indiana after Taylor fell and was injured in the hospital.

Ashley Straub v. State of Indiana (NFP)
92A05-1007-CR-458
Criminal. Affirms convictions of two counts of dealing in a schedule I controlled substance as Class B felonies, and one count of Class D felony possession of a schedule I controlled substance.

Alois Cronauer v. Starke Co. Jail, et al. (NFP)
75A03-1009-PL-496
Civil plenary. Affirms denial of motion for relief under Indiana Trial Rule 60(B).

Kristin M. Escamilla v. State of Indiana (NFP)
45A04-1009-CR-570
Criminal. Affirms sentence following guilty plea to Class B felony dealing in narcotics.

Indiana Tax Court had posted no opinions at IL deadline.

The Indiana Supreme Court dismissed one appeal for the week ending March 25.
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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