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ATTORNEYS FOR PETITIONER: ROBERT L. NICHOLSON MARK E. WITMER ADAM L. HAND BECKMAN LAWSON, LLP Fort Wayne, IN

ATTORNEYS FOR RESPONDENT: GREGORY F. ZOELLER ATTORNEY GENERAL OF INDIANA JESSICA E. REAGAN DEPUTY ATTORNEY GENERAL Indianapolis, IN

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CLERK _____________________________________________________________________
of the supreme court, court of appeals and tax court

IN THE INDIANA TAX COURT

FILED

Feb 17 2009, 12:24 pm

WENDT LLP,

) ) Petitioner, ) ) v. ) Cause No. 02T10-0701-TA-2 ) INDIANA DEPARTMENT OF ) STATE REVENUE, ) ) Respondent. ) ____________________________________________________________________ COMBINED ORDER ON PETITIONER'S MOTION TO AMEND AND RESPONDENT'S MOTION TO STRIKE NOT FOR PUBLICATION February 17, 2009 Come now the parties on Wendt LLP's (Wendt) "Motion for Leave to Amend Petition to Set Aside Final Determination of the Indiana Department of State Revenue" (hereinafter, "motion to amend") and the Indiana Department of State Revenue's (Department) "Motion to Strike and Response in Opposition to Petitioner's [Motion to Amend]" (hereinafter, "motion to strike"). Having held a hearing thereon, and being duly advised in the premises, the Court now DENIES both motions for the following reasons.

Motion to Amend On January 5, 2007, Wendt filed a "Petition to Set Aside Final Determination of the Indiana Department of Revenue" (Petition) with this Court. Wendt's Petition

appealed the Department's Letter of Findings that was issued on September 11, 2006 (hereinafter, Department's LOF). On September 11, 2008, Wendt moved to amend its Petition for the sole purpose of clarifying that its appeal covers the 2001-2004 tax years. (See Mot. to Amend

Download Wendt LLP v. Indiana Department of State Revenue.pdf

Indiana Law