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Monday, November 28, 2016

Ind. Decisions - Tax Court issues one today

In The University of Phoenix, Inc. v. Indiana Department of Revenue, a 6-page decision, Judge Wentworth denies the Indiana Department of State Revenue’s motion for a Protective Order, concluding:

“Given that the scope of discovery is broad and highly dependent on the facts of each case, the Court must exercise discretion in determining what discovery is necessary and what is vexatious.” Popovich , 7 N.E.3d at 413 (citations omitted). The Court do es not find UoPX’s request to depose Mr. Alley [Michael Alley, the former Commissioner of IDOR] vexatious . Accordingly , the Department’s Motion is DENIED. Consistent with the requirements of Indiana Trial Rule 37(A)(4), the Court will schedule a hearing regarding the propriety of an award of expenses b y separate cover.

Posted by Marcia Oddi on November 28, 2016 01:11 PM
Posted to Ind. Tax Ct. Decisions