Legal Opinion
Nick Popovich v. Indiana Department of State Revenue
Indiana Tax Court
Decided September 18, 2014No. 49T10-1010-TA-53PublishedCited by 9 opinions
1Opinion of the CourtWentworth, J.
This matter concerns Nick Popovich’s motion for default judgment, costs, and attorney’s fees as sanctions for the Indiana Department of State Revenue’s purported spoliation of evidence and discovery abuses. The Court denies Popovich’s motion.
BACKGROUND FACTS
On January 10, 2005, Popovich signed his 2003 Indiana Full-Year Resident Individual Income Tax Return, placed it with a mailing insert into an envelope, sealed the envelope, and directed a temporary employee to mail it to the Department. (See Pet’r Mot. Trial Rule 37 Sanctions, Incl. J. & Fees (“Pet’r Mot. Sanctions”), Ex. A ¶¶ 7-8, Ex. B…
2Cases cited16 opinions
- Zubulake v. UBS Warburg LLCDistrict Court, S.D. New York · 2003
- Indiana Department of State Revenue v. Caylor-Nickel Clinic, P.C.Indiana Supreme Court · 1992
- Johnson County Farm Bureau Cooperative Ass'n v. Indiana Department of State RevenueIndiana Tax Court · 1991
- Loomis v. Ameritech Corp.Indiana Court of Appeals · 2002
- Prime Mortgage USA, Inc. v. NicholsIndiana Court of Appeals · 2008
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3Cited by9 opinions
- Northern Indiana Public Service Company v. Aqua Environmental Container Corp. and Joki Leasing, LLCIndiana Court of Appeals · 2018
- Popovich v. Indiana Department of State RevenueIndiana Tax Court · 2016
- Popovich v. Indiana Department of State RevenueIndiana Tax Court · 2016
- Aspen American Insurance Company v. Interstate Warehousing IncDistrict Court, N.D. Indiana · 2019
- CHARTER OAK FIRE INSURANCE COMPANY v. FSSI, INC.District Court, S.D. Indiana · 2019
4 more not listed; retrieve them via the Exa API.