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BARNEY v. INDIANA DEPT. OF STATE REVENUE

No. 49T10-0103-TA-30.

823 N.E.2d 339 (2005)

Chadd BARNEY, Petitioner, v. INDIANA DEPARTMENT OF STATE REVENUE, Respondent.

Tax Court of Indiana.

March 4, 2005.

Attorney(s) appearing for the Case

Christopher F. Pole, Attorney at Law, Noblesville, IN, Attorney for Petitioner.

Steve Carter, Attorney General of Indiana, Amber Merlau St.Amour, Deputy Attorney General, Indianapolis, IN, Attorneys for Respondent.

FISHER, J.

Chadd Barney (Barney) appeals the final determination of the Indiana Department of State Revenue (Department) assessing him with controlled substance excise tax (CSET). The issues for the Court to decide are: (1) whether the exclusionary rule bars the use of Barney's admissions in a tax assessment proceeding; (2) whether those admissions are sufficient evidence that Barney possessed the marijuana upon which the CSET assessment is based; and (3) whether...

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