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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. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. 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.

  5. 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!!

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