Tax court affirms classification of beneficiaries
A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.
Tax Issues
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Tax Court rejects company’s claim it was a passive investor
A mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment on the issue of whether it should have received a refund for paid adjusted gross income tax.
COA rules in favor of tax sale bidder in dispute over property
The Indiana Court of Appeals ordered that tax deeds be reinstated and reversed summary judgment and a decree of foreclosure in favor of a bank in a combined appeal over foreclosed property in Elkhart County.
House, Senate override veto of HEA 1546
Indiana legislators gathered Wednesday on the first regular technical session of the 118th General Assembly to vote on whether to override Gov. Mike Pence’s veto of House Enrolled Act 1546, a bill concerning tax administration matters. Pence vetoed the bill over concerns about retroactive approval of taxes collected in Jackson and Pulaski counties.
Judges order more proceedings in low-income apartment tax credit case
Because there are genuine issues of material fact regarding claims made against apartment management company Flaherty & Collins in a complaint alleging fraud and other charges dealing with renting apartments to people who did not qualify based on income requirements, the Indiana Court of Appeals ordered more proceedings on the case.
Insufficient notice voids tax deed
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
DLGF ordered to decide whether loan determination is unconstitutional
The Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible for the loan.
Taxed to death no more
The fate of the inheritance tax in Indiana went from a slow, lingering demise over the next decade to sudden death in the biennial budget lawmakers approved this session.
Court rules county may re-establish hospital building fund
Jasper County was improperly denied the ability to establish a cumulative building fund and tax levy to enlarge and remodel a hospital, the Indiana Tax Court ruled.
Mobile home park’s occupancy rate not enough to reduce property assessment
A low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property assessment reduced.
Tax Court denies excess levy sought by IndyGo
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
Tax court rules that evidence, not conclusory statements, needed to make prima facie case
A doubled property value will stand because the property owner did not offer any market-based evidence when challenging the new assessed value, the Indiana Tax Court has ruled.
Judge rules in favor of Caterpillar in tax deduction dispute
Indiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from taxable income in future years.
Tax clinic brings relief to homeowners fighting high assessments
At Faegre Baker Daniels LLP, the attorneys suspected there was a gap in pro bono tax help for owners of homes valued at $150,000 or less. They were looking for a volunteer opportunity so they organized the first ever Homeowner Property Tax Clinic.
Attorneys use pro bono tax work to fill the gap
Almost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
2 Indianapolis attorneys charged with felonies
Two Indianapolis attorneys are facing criminal charges after the Marion County prosecutor filed charges in unrelated cases.
BGBC: Understand how the new tax law affects you
On Jan. 2, 2013, President Barack Obama signed into law the American Taxpayer Relief Act of 2012. We’ve compiled some key takeaways from the Act so you have a better understanding of how it affects your clients and you
Possible end of tax credit leaves future renewable energy sources up in the air
Newton County lawyer Dan Blaney has a blunt reaction to the potential end of a federal subsidy that has enabled the rise of wind energy in his part of the state. “We’re in trouble,” he said.
Justices to decide if tax sale notice statute unconstitutional
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
Evidence shows outrage over property tax assessment is a case of ‘buyer’s remorse’
A dispute over a property tax assessment of a mobile home park is a case of buyer’s remorse and not indicative of an error by the Indiana Board of Tax Review, the Indiana Tax Court has ruled.