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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. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

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