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Monday, February 02, 2015

Ind. Decisions - Tax Court posts one today, filed Jan. 30th

In Brandenburg Industrial Service Co., an Illinois Corp. v. Ind. Dept. of State Revenue, a 15-page opinion, Judge Wentworth writes:

Brandenburg Industrial Service Company has moved to compel the Indiana Department of State Revenue to disclose both its potential non-expert witnesses and two-pages of handwritten notes prepared by one of its employees. While the Court will not compel the Department to disclose its potential non-expert witnesses, it orders the Department to produce the two-pages of handwritten notes. * * *

For the above-stated reasons the Court DENIES Brandenburg’s Motion to Compel Interrogatory Response and GRANTS its Motion to Compel Production of Nonprivileged Document. Accordingly, the Court ORDERS the Department to provide Brandenburg with the two-pages of handwritten notes that are responsive to Brandenburg’s Request for Production Number 3 within seven (7) days of this order. The Court also ORDERS the parties to submit a new joint case management plan within thirty (30) days of this order. Finally, the Court will schedule a Trial Rule 37(A)(4) hearing regarding the propriety of an award of expenses by separate order.

Posted by Marcia Oddi on February 2, 2015 12:38 PM
Posted to Ind. Tax Ct. Decisions