Legal Opinion

Simon Aviation, Inc. v. Indiana Department of State Revenue

Indiana Tax Court

Decided April 2, 2004No. 49T10-0003-TA-31PublishedCited by 3 opinions

1Opinion of the Court

ORDER ON PARTIES' CROSS MOTIONS FOR SUMMARY JUDGMENT

FISHER, J.

Simon Aviation, Inc. (Simon) appeals the Indiana Department of State Revenue's (Department) imposition of Indiana use tax on aircraft lease payments it made during the years ending December 31, 1993, December 31, 1994, and April 30, 1995 (the years at issue). The matter is currently before the Court on the parties' cross-motions for summary judgment. The issue for the Court to decide is whether those lease payments are subject to Indiana's use tax.

FACTS AND PROCEDURAL HISTORY

The material facts as they relate to this case are…

2Cases cited18 opinions

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. D. H. Holmes Co., Ltd. v. McNamaraSupreme Court of the United States · 1988
  3. Standard Pressed Steel Co. v. Department of Revenue of Wash.Supreme Court of the United States · 1975
  4. Guardian Life Insurance Co. of America, Inc. v. SchaeferNew York Court of Appeals · 1987
  5. Snyder v. Indiana Department of State RevenueIndiana Tax Court · 2000

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3Cited by3 opinions

  1. Galligan v. Indiana Department of State RevenueIndiana Tax Court · 2005
  2. Asplundh Tree Expert Co. v. Indiana Department of State RevenueIndiana Tax Court · 2015
  3. W&J LEASING, INC. v. Indiana Department of State RevenueIndiana Tax Court · 2006

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