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Opinions March 29, 2013

March 29, 2013
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The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Caterpillar, Inc. v. Indiana Department of State Revenue
49T10-0812-TA-70
Tax. Grants summary judgment in favor of Caterpillar Inc. Finds that Caterpillar’s foreign source dividends are deductible in calculating its Indiana net operating losses, including those available for carryover as a deduction from taxable income in future years under I.C. 6-3-2-2.6.

Friday’s opinions
7th Circuit Court of Appeals

Phillip Jackson and Deborah Jackson v. Bank of America Corp., et al.
12-3338
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms dismissal of the Jacksons’ action to quiet title and claims that all or some of the defendants negligently evaluated the Jacksons’ ability to repay the loan and that the loan contract was substantively and procedurally unconscionable. The Jacksons can’t show that the institutions actually owed them a duty, and they failed to allege facts that would support any unconscionability determination in Indiana.

United States of America v. Aswan D. Scott

12-2555
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms denial of Scott’s motion to reduce his sentence after pleading guilty to distribution of 50 or more grams of crack cocaine. Scott was not eligible for a reduced sentence.
 
The Indiana Supreme Court, Court of Appeals and Tax Court were closed Friday in observance of Good Friday.
 

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  1. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

  2. Cannabis is GOOD for our PEOPLE and GOOD for our STATE... 78% would like to see legal access to the product line for better Hoosier Heath. There is a 25% drop in PAIN KILLER Overdoses in states where CANNABIS is legal.

  3. This article is excellent and should be required reading for all attorneys and would-be attorneys, regardless of age or experience. I've caught myself committing several of the errors mentioned.

  4. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  5. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

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