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Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules

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The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.

The ruling came in Orbitz, LLC v. Indiana Department of State Revenue, 49T10-0903-TA-10, in which Orbitz challenged the results of an audit the Department of State Revenue completed in 2007. The revenue department determined Orbitz was deficient in remitting Indiana’s gross retail (sales) and county innkeeper taxes on bookings that occurred between Jan. 1, 2004, and Dec. 31, 2006, through its website.

Orbitz protested the proposed assessments issued by the department and initiated this tax appeal in 2009. In August 2013, the company sought to prohibit public access to copies of contracts with the hotels. The contracts specifically detail what Orbitz has negotiated with the hotels regarding room rates.

Wentworth determined the contracts have the four characteristics of trade secrets: they are information; that derive independent economic value; that are not generally known, or readily ascertainable by proper means by others who can obtain economic value from its disclosure or use; and that are the subject of efforts, reasonable
under the circumstances, to maintain their secrecy.

“Competition is the bedrock of our country’s economic system,” she wrote. “The protection afforded to trade secrets under Access to Public Records Act and Administrative Rule 9 helps to foster a healthy, competitive marketplace.”
 

 

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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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