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Wednesday, June 09, 2004

Indiana Decisions - One Disciplinary Action and one Tax Court opinion posted today

In the Matter of Patrick J. Roberts (6/9/04 IndSCt) [Disciplinary Action]
Per Curiam

Since 1996, the respondent, attorney Patrick J. Roberts, has twice been convicted of alcohol-related driving offenses. Today we accept an agreed resolution of attorney disciplinary charges emanating from those convictions. The agreement calls for the respondent’s public admonishment in light of the fact that the respondent voluntarily sought out and completed treatment for his alcohol abuse and because he continues to abstain from alcohol use. * * *

The present case may be distinguished. The respondent has not been diagnosed as alcohol dependant, but instead as one who abuses alcohol. Unlike the lawyers in the prior matters, the respondent has demonstrated completion of a voluntary course of treatment for alcohol abuse, voluntarily continues with his course of treatment, and has abstained from the use of alcohol for some 21 months. In addition, the respondent’s two misdemeanor convictions were the result of incidents that were separated by a period of approximately nine years. Accordingly, we agree with the parties that a public reprimand is appropriate for the misconduct in this case.

It is, therefore, ordered that the respondent, Patrick J. Roberts, is hereby reprimanded and admonished for his misconduct in this case. The Clerk of this Court is directed to provide notice of this order in accordance with Admis.Disc.R. 23(3)(d), to the hearing officer, and to the clerk of the United States Court of Appeals for the Seventh Circuit, the clerk of each of the United States District Courts in this state, and the clerks of the United States Bankruptcy Courts in this state. Costs of this proceeding are assessed against the respondents.

Mitchel & Scott Machine Co., Inc. v. Department of Local Government Finance (6/8/04 IndTaxCt - Not for Publication) [Real Property Valuation]
Fisher, Judge
Mitchel & Scott Machine Company, Inc. (Mitchel & Scott) appeals the State Board of Tax Commissioners’ (State Board) final determination valuing its real property for the 1996 tax year. The issue before this Court is whether Mitchel & Scott’s improvement is entitled to additional obsolescence depreciation. * * *

Mitchel & Scott has failed to explain how it was entitled to additional obsolescence depreciation. Thus, it did not meet its burden in this case. Conclsion. For the foregoing reasons, the Court AFFIRMS the final determination of the State Board.

Posted by Marcia Oddi on June 9, 2004 01:59 PM
Posted to Indiana Decisions