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Opinions June 3, 2016

June 3, 2016

Indiana Tax Court
John and Sylvia Von Ermannsdorff v. Indiana Department of State Revenue
49T10-1112-TA-93
Tax. Denies the Department of State Revenue’s motion for summary judgment with respect to whether the von Erdmannsdorffs rebutted the presumption of correctness afforded to the department’s best information available assessments. Grants the von Erdmannsdorffs’ counter-motion for partial summary judgment with respect to whether the department erred in calculating their adjusted gross income by combining the gross receipts but failing to account for the additional business expense deductions.


John and Sylvia Von Erdmannsdorff v. Indiana Department of State Revenue (mem. dec.)
49T10-1112-TA-93
Tax. Grants the von Erdmannsdorffs’ motions to strike with respect to the department’s statements and designated evidence regarding the von Erdmannsdorffs’ purported failure to file income tax returns for dates before the years at issue. Denies their motions to strike with respect to the depositions, the statements regarding the inventory records, and the statements regarding BizStats.


Indiana Court of Appeals
In the Matter of J.M. and P.M. (Minor Children), Children in Need of Services, and V.M. (Father) v. The Indiana Department of Child Services (mem. dec.)
49A02-1510-JC-1763
Juvenile. Affirms children are in need of services.

Donald Carter v. State of Indiana (mem. dec.)
47A01-1602-CR-247
Criminal. Affirms denial of Donald Carter’s motion to correct erroneous sentence.

Shahid Iqbal v. State of Indiana (mem. dec.)
55A01-1507-PC-937
Post conviction. Affirms denial of Shahid Iqbal’s petition for post-conviction relief.

Jeremy D. Brooks v. Katherene Gardner (mem. dec.)
20A03-1512-DR-2192
Domestic relations. Reverses determination Jeremy Brooks must report to work release for non-compliance with a contempt order. He complied with the order.
 

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