
Justia
Justia Tax Law Opinion Summaries
Town of Blue Hill v. Leighton
After Dorothy Leighton failed to pay taxes on her property and the Town of Blue Hill recorded a tax collector's lien certificate on the property, the Town filed a complaint against Leighton for forcible entry and detainer (FED), seeking possession of the property and costs. The district court entered judgment in Leighton's favor. The superior court vacated the district court's judgment and remanded with instructions to issue a writ of possession in favor of the Town. On appeal, Leighton contended that the Town was required, as a matter of law, to prove that it held current title to the property in the FED action. The Supreme Court affirmed, holding that because the Town produced evidence that it held title superior to Leighton by virtue of the statutorily-foreclosed tax lien mortgage on the property, the Town presented sufficient evidence that it was entitled to possession of the property.
Bosamia, et al. v. Commissioner of Internal Revenue
This case stemmed from petitioners', the sole shareholders of two Subchapter S corporations, India Music and HRI, engagement in the business of importing and selling music, making those entities related parties under Internal Revenue Code, 26 U.S.C. 267. At issue was whether the Commissioner effected a change in a taxpayer's method of accounting for the purposes of section 481 when he required that taxpayer to postpone a deduction from gross income pursuant to section 267(a)(2). The court held that because it concluded that a section 267(a)(2) disallowance constituted a change in a taxpayer's method of accounting under section 481, the court affirmed the judgment of the Tax Court.
Wyo. Dep’t of Revenue v. Qwest Corp.
After an audit, the Department of Revenue (DOR) determined that Qwest was not entitled to a refund of sales tax. The tax was incorrectly collected from Qwest's customers and remitted to the state because Qwest did not provide data showing the actual amount of tax collected and remitted by month and by country. Qwest subsequently produced to the DOR the actual sales tax information. The State Board of Equalization (SBOE) supplemented the record with the actual data and reversed the DOR's decision. The district court affirmed. At issue on appeal was whether the SBOE erred by considering the newly produced evidence. The Supreme Court (1)affirmed the SBOE's decision that Qwest was entitled to a refund, but concluded the SBOE erred by considering Qwest's evidence, which was not produced to the DOR during the audit; and (2) remanded so the refund amount could be calculated using an estimate procedure and information available during the audit.
Capital One Financial Corp. v. Commissioner of IRS
This case presented two questions, each born of the efforts of Capital One, a credit card issuer, to defer significant tax liability. First, whether Capital One could retroactively change the method of accounting used to report credit-card late fees on its 1998-1999 tax returns in such a fashion as would reduce is taxable income for those years by roughly $400,000,000. Second, whether Capital One could deduct the estimated costs of coupon redemption related to its MilesOne credit card program before credit card customers actually redeemed those coupons. The court did not permit Capital One to retroactively change the method of accounting because allowing Capital One to do so would open the door to unilateral and retroactive changes in accounting methods with large and unpredictable implications for public revenue. The court also declined to permit the narrow coupon-with-sales exception to undermine the purposes of the all-events rule because little good and much mischief would ensue from upending the Commissioner's reasonable and longstanding interpretation of his regulation. Accordingly, the court affirmed the judgment of the Tax Court.
Posted in:
Tax Law, U.S. 4th Circuit Court of Appeals
Fidelity Int’l Currency Advisor A Fund, LLC v. United States
Taxpayer, the founder of EMC, a manufacturer of computer storage devices received non-qualified options to acquire EMC stock. When he exercised those options in 2001, they generated $162 million of ordinary income; it was estimated this could create a tax liability of over $63 million. Prior to exercising the options, taxpayer met with tax and accounting professionals and implemented a plan to form a partnership (Fidelity) with a foreign national; that partnership would engage in transactions that would generate losses largely offsetting gains without net risk. Gain would be principally allocated to the foreign national. Following a series of such transactions, the IRS disallowed taxpayer's losses on Fidelity option transactions for 2001 and 2002 and determined that the partnership was a sham that lacked economic substance. The district court sustained the adjustments and imposed a 40 percent penalty. The First Circuit affirmed
Posted in:
Tax Law, U.S. 1st Circuit Court of Appeals
State Dep’t of Taxation v. Masco Builder Cabinet Group
Taxpayer requested a tax refund from the Nevada Department of Taxation without filing a formal refund claim based on an understanding Taxpayer had with the Department. The Department denied the request. Taxpayer then filed a formal refund claim as part of a petition for redetermination. An ALJ determined that Taxpayer was entitled to a refund despite its late filing of the formal refund claim. The Tax Commission reversed, concluding that Taxpayer's failure to timely file a formal refund claim rendered a portion of its refund request time-barred. The district court reinstated the ALJ's determination that Taxypayer was entitled to a refund, concluding that the Tax Commission had improperly substituted its own judgment for that of the ALJ. The Supreme Court affirmed, holding (1) the Tax Commission improperly substituted its own judgment for that of the ALJ in reversing the ALJ's determination; and (2) because the Tax Department played an active role in causing Taxpayer's formal refund claim to be untimely, the statute of limitations was equitably tolled during the time in which the Department hindered Taxpayer from filing its formal written claim.
Oneida Indian Nation v. Madison County
These consolidated appeals, which have been returned to the court on remand from the United States Supreme Court, once again called upon the court to consider whether - and, if so, on what grounds - the Oneida Indian Nation of New York (OIN) was entitled to restrain the Counties from foreclosing upon certain fee-title properties, acquired on the open market by the OIN in the 1990's, for which the OIN had refused to pay property tax. The court held that the OIN had abandoned its claims premised on tribal sovereign immunity from suit as well as its claims based upon the Nonintercourse Act, 25 U.S.C. 177. The court also held that the district court erred in ruling that the Counties' redemption-notice procedures failed to comport with due process. The court further held that the district court should not exercise supplemental jurisdiction over the OIN's state-law claims. The court finally affirmed as to several ancillary matters.
White Springs Agricultural v. Glawson Investments Corp.
This case stemmed from a property dispute between the parties. White Springs appealed the district court's confirmation of an arbitration award in favor of Glawson, challenging the grant of attorneys' fees, expert fees, and prejudgment interest and sought to vacate or modify the arbitration award under the Federal Arbitration Act (FAA), 9 U.S.C. 10, 11. The court held that the arbitration panel had the power to decide Glawson's claims for attorneys' fees and that Glawson properly submitted the issue to the panel. The court was unable to grant White Springs' request that the court review the legality of the award of expert fees and prejudgment interest on the ad valorem taxes, as the FAA did not permit it to do so. Therefore, the court found no basis to overturn any portion of the panel's final arbitration award.
Midwest Railcar Repair, Inc. v. South Dakota Dept. of Revenue
Midwest sued the Department, seeking a declaration that South Dakota had a taxation scheme that violated a provision of the federal Railroad Revitalization and Regulatory Reform Act (4-R Act), 49 U.S.C. 11501(b)(4). The complaint alleged in part that the 4-R Act's bar on discriminatory taxes against rail carriers extended to Midwest. The district court denied Midwest's motion for summary judgment and granted the Department's, concluding that court precedent did not support extending the protections of the 4-R Act to Midwest. The court held that, in light of Midwest's bare assertions that South Dakota's tax had the effect of discriminating against rail carriers, the district court did not err in ruling as it did. Any ruling to the contrary would have required the district court to rely upon speculation with respect to whether South Dakota's taxes on railcar repair services performed by a privately owned, third-party service provider and any tangible personal property used therein impermissibly resulted in discriminatory treatment of a rail carrier. Accordingly, the judgment was affirmed.
Comcast of Little Rock, Inc. v. Bradshaw
Comcast of Little Rock filed three petitions for review with the Arkansas Public Service Commission, asserting that Comcast's ad valorem tax assessment for the years 2006-08 erroneously included the value of its intangible personal property. The Commission's ALJ dismissed Comcast's petitions. Comcast subsequently filed a complaint for refund of taxes in the county court, asserting that it was entitled to a refund of taxes erroneously assessed against it and arguing that the Commission's tax division improperly included the value of Comcast's intangible personal property when calculating its assessments. The county court concluded that it lacked jurisdiction in the matter and dismissed the claims. The circuit court also dismissed Comcasts's claims. The Supreme Court affirmed, holding (1) the circuit court did not err in concluding that it lacked subject-matter jurisdiction to hear Comcast's challenge to its assessment; and (2) because Comcasts's claim did not challenge the validity of the underlying tax, but rather alleged that the assessment was carried out in an illegal fashion, the suit did not come within Arkasnas's illegal-exaction provision, and therefore, Comcast's avenue of relief for its assessment grievance lay with the Commission.