State sues to defend new law requiring out-of-state retailers to pay sales tax
The state of Indiana announced Monday evening that it filed a lawsuit in defense of a new state law that seeks to collect sales tax from out-of-state sellers.
Tax Issues
Articles
Lawsuit targeting McDonald’s over soda tax dismissed
A Cook County judge has dismissed a lawsuit filed against McDonald's Corp. that alleged the fast-food chain taxed the tax imposed on sweetened beverages sold in the Chicago area.
COA judge cites to Kenny Rogers in voided tax sale case
A judgment for owners of a property wrongly redeemed after a tax sale was affirmed in part by the Indiana Court of Appeals Wednesday, with Judge Terry Crone appropriating a Kenny Rogers classic to introduce a 31-page decision that reduced the attorney fees and other relief to which owners were entitled.
Trial court, not Tax Court, to hear case involving both annexation, tax law
An Indiana trial court has jurisdiction to hear a dispute between Allen County fire departments that is grounded in both annexation and tax law as the facts of the case do not require the interpretation of “substantive tax law,” the Indiana Court of Appeals has ruled.
RV dealership scores victory in court over sales tax dispute
A northern Indiana RV company did not improperly fail to collect and remit sales tax for its out-of-state customers by physically delivering RVs to those customers in Michigan, the Indiana Tax Court ruled Wednesday, finding such sales are not considered to be made in Indiana as matter of law.
Wrongly jailed drug court plaintiffs lose in federal court
Plaintiffs who were jailed for months without due process in a southern Indiana drug court will take nothing in their federal lawsuit against drug court staff members and county sheriff who they say were responsible for violating their constitutional rights, a judge has ruled.
COA to determine jurisdiction of fire departments’ annexation, taxation dispute
The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.
COA affirms tax sale despite auditor’s noncompliance
An Indiana redevelopment company can move forward with its purchase of two Henry County properties at tax sale after the Indiana Court of Appeals determined the county auditor’s failure to comply with state statute did not invalidate the tax sale process.
COA to hear arguments in fire departments’ tax, annexation dispute
The Indiana Court of Appeals will hold oral arguments this week to determine whether a trial court has jurisdiction to hear a Fort Wayne case that involves questions of both annexation and tax laws.
Tax Court rules in favor of exemptions for trucking company
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
Indiana will likely go to court over online sales tax
Indiana lawmakers passed a law this spring claiming the state has a right to collect sales taxes from companies using only online transactions. But a 25-year-old U.S. Supreme Court case prohibits states from collecting sales tax from businesses unless they've got a physical presence in the state.
Suit alleging Kroger stores didn’t collect sales tax reverts to state court
A Fort Wayne attorney’s lawsuit alleging Kroger stores in Indiana have for years knowingly failed to collect and remit state sales tax on hundreds of non-exempt food items and other goods will be heard in state court after a judge denied the grocers' bid to transfer the suit to federal court.
Tax sale purchasers lose as COA tangles over statutory interpretation
Likening people who buy property at tax sales to gamblers, an Indiana Court of Appeals panel split over how much due diligence the tax sale statute requires of purchasers but still found the buyers of a cell tower property in Bloomington did not do enough.
Judgment against ex-state lawyer vacated in long-running puppy mill case
A former attorney in the Indiana Attorney General’s Office has been relieved of a $15,000 judgment against him for his role in the raid of an alleged puppy mill, the most recent decision in a long-running case stemming from the state’s seizure of roughly 240 dogs.
Potential death of Affordable Care Act likely to cut taxes
The American Health Care Act, which seeks to repeal and replace the ACA, passed the House on a party-line vote but has not gained much traction in the Senate. In fact, the upper chamber is crafting its own repeal-and-replace legislation that could differ widely from the House proposal.
Tax Court affirms board’s valuations of Bloomington CVS store
In a case involving the same litigants, attorneys and issues previously raised by the Monroe County assessor and CVS corporation, the Indiana Tax Court has affirmed the Indiana Board of Tax Review’s final determination as to the assessed value of a CVS store in Bloomington.
Supreme Court declines case involving RFRA as a tax defense
The Indiana Supreme Court won't take up a case involving an Indianapolis man who tried to use the state's religious objections law as a defense for not paying his state taxes.
Indy car dealers must pay $590,000 in unpaid sales tax
Two Indianapolis car dealers were ordered Monday to pay $590,437 in restitution to the state for failing to pay taxes on auto sales, Marion County Prosecutor Terry Curry announced.
7th Circuit affirms tax fraud convictions
The 7th Circuit Court of Appeals has affirmed the convictions and sentence of a man convicted on three tax fraud charges, finding that the district court properly excluded evidence of his corporate “meeting minutes.”
Supreme Court says cities can sue banks under US housing law
The Supreme Court of the United States ruled Monday that cities may sue banks under the federal anti-discrimination in housing law, but said those lawsuits must tie claims about predatory lending practices among minority customers directly to declines in property taxes.