« Ind. Decisions - Court of Appeals issues 2 today (and 10 NFP) | Main | Ind. Decisions - 7th Circuit issues one Indiana decisions today »

Monday, July 28, 2008

Ind. Decisions - Tax Court issues one FP today

In Home Depot U.S.A., Inc. v. Indiana Dept. of State Revenue, a 10-page opinion, Judge Fisher writes:

The issue for the Court to decide is whether Home Depot is entitled to a sales tax refund pursuant to Indiana Code § 6-2.5-6-9. * * *

Home Depot would be entitled to the deduction under Indiana Code § 6-2.5-6-9 if it wrote off the uncollectible credit card accounts for federal tax purposes under section 166 of the Internal Revenue Code. See A.I.C. § 6-2.5-6-9(a); 1 Stop Auto, 810 N.E.2d at 689-90. Home Depot did not and therefore it is not entitled to the deduction.7 Consequently, summary judgment is GRANTED in favor of the Department and AGAINST Home Depot. The parties shall bear their own costs.

Posted by Marcia Oddi on July 28, 2008 03:28 PM
Posted to Ind. Tax Ct. Decisions