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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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