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Tax Court denies bid to dismiss medical supplier's refund suit

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A medical supplier’s lawsuit seeking a refund of sales taxes its customers paid to purchase dialysis equipment will go forward, the Indiana Tax Court ruled Friday.

Judge Martha Wentworth denied the state’s request to dismiss in Fresenius USA Marketing, Inc. v. Indiana Department of State Revenue, No. 49T10-1008-TA-45. The state argued that the tax court did not have subject matter jurisdiction; that Fresenius lacked standing; and that Fresenius did not certify its claim as a class action. Wentworth denied on all three arguments.

Fresenius sued the state for a refund of sales taxes its patients paid for such dialysis supplies as dialysis machines, dialyzers, fistula needles, bloodlines, compression dressings and bandages, intravenous sets and syringes from 2004 through October 2007.

The company claims the sales were relieved from taxation pursuant to the durable medical equipment exemption and that once it received the refund, it would return the proper amounts to each of its customers.

Wentworth wrote that the court will schedule the matter for a case management conference in a separate order.

 

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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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