Wednesday, April 17, 2019
Pick any Business Law Case and write a 4 Page paper including a Work Essay
Pick every Business Law Case and write a 4 Page paper including a race Cited Page - Essay ExampleThe facts of the case were simple, Pinnacle Entertainment Inc, a Delaware corporation possessing 97% worry on Belterra Resort Indiana, transferred the title and possession of a river gravy boat to Belterra Resort Indiana. Pinnacle acquired the remaining 3% care on Belterra in August of 2001. The Indiana departments of Revenue conducted an audit of sales measure and use of goods and services tax of Belterra in 2002 and proclaimed in its assessment that Belterra owed tax amounting to $1,869,783 plus interest and penalty, for acquisition of the riverboat. Belterra protested against the assessment of the subdivision and the Department after hearing the matter, issued a letter of findings denying the letter of protest. Belterra fi direct an appeal with the Indiana Tax Court. two the parties filed for summary front. The hail in Belterra Resort Ind, LLC v. Ind. Dept of State Revenue, 9 00 N.E. 2d 513, 517 granted Belterras motion for summary judgment and reasoned that Belterra was not liable for use tax on its acquisition of the river boat due to the fact that the transaction was a contri saveion to the capital and not the result of a sell transaction (Indiana Department of Revenue). The Revenue Department was not satisfied with this judgment and this led to the case in hand, which was filed in the Supreme Court of Indiana. The problems which the Supreme Court had to sort out in the beginning moving with the case were numerous. Firstly, reaching a conclusion that whether the transfer of the river boat from the parent company (Pinnacle) to its infantryman company (Belterra) was a retail transaction under the Indiana code section 6-2.5-3-2(a), as because the use tax can be imposed on Belterra for the riverboat only when it was acquired under retail transaction (Indiana Department of Revenue v. Belterra Resort). Secondly, the court had to determine whether the rive rboat was obtained with or without consideration. Belterra argued that when no consideration was given for the riverboat, the transaction was not a retail transaction, as 6-2.5-4-1(b)(2) states, a person is engaged in selling retail whenhe transfers that property to some other person for consideration (Indiana Department of Revenue v. Belterra Resort ). Thirdly, in the instant case the other overcritical legal issue was to find out, whether capital contribution by itself meant transfer of property without consideration. Belterra cited Grand capital of Seychelles Casino & Resort, LP v. Ind. Department of State Revenue, 789 N.E.2d 1041 to support his contention that capital contribution without consideration gave exemption from taxes (Rucker 827). Fourthly, the court had to determine whether there was exchange of some form of consideration other than cash in in the midst of Pinnacle and Belterra. The problem was to get an answer to the questions that Was there any other benefit in uring to Pinnacle? or Was there some detriment borne by Belterra? (Rucker 828). Fifthly, the court had to determine whether the presence of consideration in a transaction is enough to make it a retail sale. Justice Boehm states, consideration is a necessary but not a sufficient condition to render a transaction Selling at retail (Rucker 829). This however was contradictory to what Justice Rucker opined before. In the former context it was stated that when capital contribut
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