Wednesday, February 09, 2011
Ind. Decisions - Supreme Court issues one this morning
In Indiana Dept. of State Revenue v. Belterra Resort Indiana, LLC, a 4-page opinion on a petition for rehearing, Justice Rucker writes:
In its petition for rehearing Belterra argues (a) this Court misapplied the “step transaction” doctrine, (b) even if the Court properly applied the doctrine conflicting factual inferences nonetheless preclude summary judgment in the Department’s favor, and (c) because the Tax Court entered summary judgment in favor of Belterra, it did not address the question of whether Belterra is subject to a tax penalty. We grant rehearing to address this latter argument. * * *
We are of the opinion that this issue is not ripe for review. The Indiana Tax Court was established to develop and apply specialized expertise in the prompt, fair, and uniform resolution of state tax cases. * * * [W]e remand this matter to the Tax Court to determine the timeliness of Belterra’s argument and if timely whether Belterra is subject to the penalty and if so whether the penalty should be waived.
We grant rehearing and modify our original opinion as set forth herein. In all other respects the original opinion is affirmed.
Shepard, C.J., and Sullivan and David, JJ., concur.
Dickson, J., concurs in result, believing that rehearing should also be granted to revisit the Court’s decision on the “step transaction” issue.
Posted by Marcia Oddi on February 9, 2011 10:44 AM
Posted to Ind. Sup.Ct. Decisions