Missing Transmittal Envelope Was Not The Intentional Spoliation Of Evidence
Justifying Indiana Tax Court’s Dismissal Of Income Tax Appeal | Faegre
Baker Daniels - JDSupra
*No duty to retain envelopes. *The Department’s retention schedule
required it to keep individual income tax returns for six years from the
date of filing. It must keep all tax returns for three years. Slip op. at
10 (citing Ind. Code § 6-8.1-3-6(a) (2009).) But was a transmittal envelope
part of the tax return? “No,” the Court held. Slip op. at 11. The Court
reasoned that the plain meaning of “tax return” included only the forms
used to report and compute the taxpayer’s liability, not the transmittal
envelopes.
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