Monday, March 5, 2012

Indiana Supreme Court Grants Transfer in Miller Brewing Company v. Indiana Department of State Revenue

The transfer list:

http://www.in.gov/judiciary/cofc/files/transfer-2012-0302.pdf

And here's the Tax Court decision concluding:

"In determining its Indiana AGIT liability for the years at issue, Miller did nothing more than follow Indiana law: pursuant to Indiana Code § 6-3-2-2(e)(1) and 45 I.A.C. 3.1-1-53(7), its carrier-pickup sales were not Indiana sales and therefore not allocable to Indiana. Accordingly, the Court GRANTS summary judgment in favor of Miller and against the Department."

http://www.in.gov/judiciary/opinions/pdf/08181101tgf.pdf