Tax Issues - The Indiana Lawyer

As boomers age, lawyers seeing new trends in estate and health care planning

May 10, 2011

Born between 1946 and 1964, baby boomers are not like generations that came before them with regard to estate-planning needs. Many of them are living longer and will be working longer – some by choice and others because the value of their retirement accounts has plunged in recent years. As they look toward their future, the boomers’ top concerns are asset protection and paying for long-term care, although each person may have a different approach about how to accomplish those goals.

7th Circuit upholds tax, fraud conviction against attorney, wife

March 28, 2011

The 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their 2001 income from the Internal Revenue Service through an elaborate shell game.

Judge reverses probate court in first opinion

February 9, 2011

Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.

Appeals court warns parties against no-response strategy

January 31, 2011

A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.

Tax judge denies state’s motion to dismiss

December 22, 2010

The Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.

High court reverses tax decision

December 15, 2010

An owner of leased property must prove it possesses an exempt purpose separate and distinct from the exempt purpose of its lessee to be entitled to statutory exemption, ruled the Indiana Supreme Court in a decision reversing the Indiana Tax Court.

Justices grant two civil cases, deny 27 appeals

December 13, 2010

The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.

Judge: not all farm expenses are tax deductible

December 8, 2010

A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.

Death and tax uncertainty

November 23, 2010

These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.

High court tackles use-tax issue

October 5, 2010

The Supreme Court today ruled that a contribution by a parent corporation to the capital of its subsidiary is not automatically excluded from Indiana use tax.

COA affirms judgment in property-tax dispute

January 1, 2009

The Indiana Court of Appeals released an opinion today dealing with a topic that gives many homeowners headaches – property taxes.

Apartment creates issue of first impression

January 1, 2009

In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.

High court rules on issue preclusion in tax case

January 1, 2009

In an opinion handed down March 6, the Indiana Supreme Court had to decide whether a previous ruling barred the Indiana Department of Revenue from raising new contentions in support of a different method of allocation of income to the state.

Tax exemption doesn’t apply to hotel utilities

January 1, 2009

The Indiana Supreme Court was split today in its ruling on whether a hotel was entitled to a sales tax exemption on utilities it purchased during 2004 and 2005.

Agency erred in taxing certain money

January 1, 2009

The Department of State Revenue erred when it concluded certain money collected from customers of a small, rural telecommunications company were subject to Indiana's utility receipts tax, the Indiana Tax Court ruled Thursday.

Court: No rehearing based on another decision

January 1, 2009

The Indiana Tax Court granted a petition for rehearing to clarify its ruling that a Hamilton County property qualified for a charitable/religious exemption. The Tax Court also denied rehearing a St. Joseph County case that claimed the decision in that case should be reconsidered based on the original ruling in the Hamilton County case.

Tax sale petitions OK because of lack of notice

January 1, 2008

The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.

Economic presence meets taxing requirement

January 1, 2008

In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.

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