Bank of America, N.A., in its capacity as a corporate trustee of several inter vivos trusts, applied for abatement of fiduciary income taxes paid by thirty-four inter vivos trusts. The Commissioner of Revenue denied the applications. The Bank appealed, arguing that, where the Bank was not domiciled in Massachusetts, these trusts did not qualify as “resident inter vivos trusts” and therefore were not subject to fiduciary income tax under Mass. Gen. Laws ch. 62, 10. The Appellate Tax Board upheld the Commissioner’s decision, concluding that the Bank, in its capacity as trustee, was an inhabitant of the Commonwealth within the meaning of Mass. Gen. Laws ch. 62, 1(f) and 10(c). The Supreme Judicial Court affirmed, holding that the Board did not err in ruling that the Bank was subject to the fiduciary income tax imposed by section 10. View "Bank of America, N.A. v. Comm’r of Revenue" on Justia Law

Plaintiff petitioned the superior court for a writ directing the then-serving members of the California Franchise Tax Board (FTB) to cease publishing his name on the FTB's list of the state's "Top 500" income tax debtors. The trial court sustained defendants' demurrer. Because plaintiff did not seek leave to amend his petition, the trial court dismissed the action with prejudice. The trial court also found the action to be “frivolous and groundless,” and sanctioned petitioner in the amount of $5,000. The court held that the petition was barred by the doctrine of res judicata where plaintiff previously sought redress in federal court for having his name placed on the List; because that issue is determinative, the court need not and did not reach the issue of whether plaintiff's petition stated a claim for violation of his privacy rights; and the trial court did not abuse its discretion in sanctioning petitioner. Accordingly, the court affirmed the judgment. View "Franceschi v. Franchise Tax Bd." on Justia Law

Virginia Electric and Power Company (VEPCO) operated a gas-fired electric general station located in the City of Richmond. The City assessed tax for natural gas consumed at the station. VEPCO challenged the assessments, arguing that it was not subject to the tax. The Tax Commissioner affirmed the City’s decision that VEPCO was subject to the tax. VEPCO appealed, arguing that it was not subject to the tax because its consumption was outside the scope of Va. Code Ann. 58.1-3814(H). The circuit court concluded that VEPCO was not subject to the tax because it consumed natural gas at the station to generate electricity, rather than to furnish heat or light. The Supreme Court affirmed, holding that the circuit court did not err in its interpretation of section 58.1-3814(H). View "City of Richmond v. Va. Elec. & Power Co." on Justia Law

Oakmont LLC owned an apartment complex built in 1996. Oakmont appealed the assessed value for the 2009-10 tax year for that complex on the ground that structural damages resulting from construction defects had substantially reduced the property’s value. In 2011, the county assessor and Oakmont agreed to reduce the assessed value of the complex from over $21 million to $8.5 million for the 2009-10 tax year. Because the time for appealing the valuation for the 2008-09 tax year had passed, the taxpayer asked the Department of Revenue to exercise its supervisory jurisdiction to correct a “likely error” in the 2008-09 assessment. The department concluded that it had no jurisdiction to consider Oakmont’s request, and the Tax Court reversed. Both the county and the department appealed. After review, the Oregon Supreme Court found the Tax Court correctly held that the department had supervisory jurisdiction over Oakmont’s petition to reduce the assessed value of the property for the 2008-09 tax year. Oakmont had no remaining statutory right of appeal, and the parties to the petition agreed to facts indicating a likely error on the tax rolls. It follows that the department had supervisory jurisdiction to consider whether there was in fact an error on the tax rolls and whether, if there was, the department should exercise its discretion to correct any error. The department did not reach those issues, and the Supreme Court agreed with the Tax Court that the case should have been remanded to the department to consider those issues in the first instance. View "Oakmont, LLC v. Dept. of Rev." on Justia Law

The taxpayer who owned the convention center in Bend also owned a hotel across the street. The convention center and the hotel were held in different property tax accounts. For the 2008-09 tax year, Taxpayer’s appraisal valued the convention center at $4,130,000, after applying two different approaches to valuation, the cost approach and the income approach. The appraiser for the Deschutes County Assessor (assessor) and the Department of Revenue (department) appraised the convention center at $16,700,000, after applying only the cost approach to valuation. The Regular Division of the Tax Court rejected the department’s appraisal for two independent reasons: (1) Measure 50 (codified as Article XI, section 11, of the Oregon Constitution) and its enabling statutes required the property in each tax account to be valued separately; and (2) the department’s appraisal was unpersuasive because the appraiser lacked good reason for not having used the income approach. The Tax Court awarded taxpayer its attorney fees, concluding that the department’s position was not objectively reasonable and that the department should be deterred from making similar arguments in the future. The department and the assessor appealed, raising a narrow range of issues. After review, the Supreme Court affirmed the Tax Court’s decision to reject the department’s appraisal on the ground that it was unpersuasive. Because that independent reason supported the Tax Court’s decision, the Supreme Court affirmed its judgment, and did not reach the issue of whether Measure 50 required valuing the property in each property tax account separately. Because it was based in part on the Tax Court’s Measure 50 analysis, the Supreme Court vacated the award of attorney fees and remanded for further proceedings. View "Dept. of Rev. v. River's Edge Investments, LLC" on Justia Law

The Internal Revenue Service denied Wells Fargo’s claims for refunds based on interest-netting under 26 U.S.C. 6621(d) between interest on tax underpayments and interest on tax overpayments. Section 6621(d) reads: To the extent that, for any period, interest is payable under subchapter A and allowable under subchapter B on equivalent underpayments and overpayments by the same taxpayer of tax imposed by this title, the net rate of interest under this section on such amounts shall be zero for such period. Absent an interest-netting provision , a taxpayer might make equivalent underpayments and overpayments yet owe the IRS interest because corporate taxpayers pay underpayment interest at a higher rate than the IRS pays overpayment interest. The Claims Court granted Wells Fargo partial summary judgment, finding that it satisfied the “same taxpayer” requirement, although the current embodiment of the company is the result of seven mergers. The companies involved in these mergers made tax underpayments and overpayments. The Federal Circuit identified three merger “situations” and concluded that two qualified for interest netting and one did not. The situations involved consideration of the whether the entities had separate identities at the time of the payments at issue and the amount of change in the entity’s identity as a result of the merger. View "Wells Fargo & Co. v. United States" on Justia Law

Plaintiff Signal Aviation Services, Inc. (Signal) appealed a superior court grant of summary judgment in favor of defendant City of Lebanon (City) in this action by Signal for, among other things, breach of contract. The City cross-appealed a portion of the trial court’s order interpreting the contract. Signal leased 8.91 acres at the Lebanon Municipal Airport (airport) as assignee of a Lease and Operating Agreement (LOA). The City owned the airport and was the lessor under the LOA. The LOA granted Signal the nonexclusive right and obligation to provide fixed based operator (FBO) services at the airport. In granting this nonexclusive right, the City agreed in paragraph 3M(2) of the LOA that “[a]ny other operator of aeronautical endeavors or activities will not be permitted to operate on the Airport under rates, terms [or] conditions which are more favorable than those set forth in this Agreement.” In 2006, the City increased the assessed value of the land leased by Signal, not including the improvements, resulting in a corresponding increase in Signal’s property tax liability. Signal applied for an abatement of taxes for the years 2006 and 2007. The City’s assessors denied abatement, and Signal appealed to the New Hampshire Board of Tax and Land Appeals (BTLA). The BTLA dismissed the appeals because Signal failed to present evidence of the property’s market value. Signal did not appeal that decision, bringing instead this suit, claiming, among other things, breach of contract. Its writ alleged that the City “materially breached its obligations under the [LOA] by providing more favorable and disproportionate tax assessments and taxation schemes under agreements with other entities at the Airport providing commercial aeronautical services there.” After review, the Supreme Court affirmed, having concluded that paragraph 3M(2), so far as it concerned taxation, merely obligated the City to require all other operators to pay all lawfully levied or assessed taxes. View "Signal Aviation Services, Inc. v. City of Lebanon" on Justia Law

Plaintiffs filed three petitions for relief from property tax assessments on their home for the tax years 2009 through 2011. The petitions and appeals were consolidated. The trial justice granted judgment in favor of Plaintiffs in all three appeals, concluding that Plaintiffs sustained their burden of proving that their property was overvalued by the tax assessor. The Supreme Court affirmed, holding (1) the trial justice did not err in determining that Plaintiffs met their burden of proving that the tax assessor’s valuation was above the fair market value; (2) there was sufficient evidence to support the trial justice’s valuation; and (3) the trial justice should have dismissed Plaintiffs’ third petition challenging their 2011 assessment based on Plaintiffs’ failure to timely file an account. Remanded. View "Whittemore v. Thompson" on Justia Law

Marcus Katz contributed stock to MK Hillside, a partnership between him and his wholly owned corporation. After the IRS issued a Final Partnership Administrative Adjustment (FPAA) to MK Hillside on January 2, 2008, finding that MK Hillside was a sham, lacked economic substance, and was formed and used principally to avoid taxes, Katz petitioned the tax court contesting the finding and asserting the statute of limitations. The IRS determined that 26 U.S.C. 6501(e)(1)'s six-year statute of limitations applied because Katz’s omission of the $198,000 credit from a collar termination on his 1999 return constituted more than 25% of the gross income reported on the return. The tax court denied summary judgment, holding that a trial would be necessary to determine whether Katz in fact omitted substantial income from his 1999 return. To avoid a trial, the parties agreed to a Stipulation of Facts and a Second Stipulation of Settled Issues. Based on those stipulations, the tax court held that the period for assessing tax on the 1999 MK Hillside partnership items was open as to Katz. The court concluded that, because the tax court had jurisdiction to consider Katz's argument, it necessarily had jurisdiction to reject it, at least for purposes of the partnership proceeding. Accordingly, the court affirmed the judgment. View "MK Hillside Partners v. Commissioner" on Justia Law

The Department of Revenue subjected several corporations owned by North American Truck & Trailer, Inc. (collectively, Taxpayers) to a sales-and-use-tax audit, which uncovered errors regarding Taxpayers’ reporting of use tax. Thereafter, the Department assessed Taxpayers for unpaid use taxes. Taxpayers paid the assessment under protest and requested an administrative hearing. At the hearing, Taxpayers argued that the shop supplies assessed were exempt from use tax and offered exhibits in support of their position. The hearing examiner declined to consider a sales invoice offered by Taxpayers demonstrating a typical transaction that involved the cost of supplies because Taxpayers submitted it more than sixty days after the audit began, in violation of S.D. Codified Laws 10-59-7. The Supreme Court affirmed, holding that the hearing examiner did not err when it (1) affirmed the Department’s refusal to consider the sales invoice; and (2) affirmed the Department’s certificate of assessment of use tax due and owing on transactions where shop supplies, purchased without payment of sales tax, were used and consumed. View "Black Hills Truck & Trailer, Inc." on Justia Law