Articles Posted in Supreme Court of Appeals of West Virginia

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W. Va. Code 11-15A-10a affords taxpayers a credit for sales taxes paid to other states, which offsets the West Virginia Motor Fuel Use Tax (“use tax”) a fuel importer must pay under W. Va. Code 11-15A-13a. After it was assessed a use tax on the fuel it uses in West Virginia, CSX Transportation sought a refund of the sales taxes it had paid on its motor fuel purchases to cities, counties, and localities of other sales pursuant to section 11-15A-10a. The Tax Commissioner rejected the refund request. The Office of Tax Appeals (OTA) granted CSX’s refund request and vacated the assessment, finding that CSX was entitled to a credit under section 11-15A-10a for the sales taxes it paid to other states’ subdivisions on its purchases of motor fuel therein. The circuit court affirmed. The Tax Commissioner appealed, arguing that the circuit court erred by not limiting the credit to sales taxes paid only to other states upon the purchase of a motor fuel. The Supreme Court affirmed, holding that the sales tax credit afforded by section 11-15A-10a applies both to sales taxes paid to other states and to sales taxes paid to the municipalities of other states. View "Matkovich v. CSX Transportation, Inc." on Justia Law

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This proceeding consisted of four consolidated appeals. The issue in two of the appeals was whether the alternative-energy infrastructures installed by Petitioners for their businesses met the statutory definition of “qualified alternative fuel vehicle refueling infrastructure” for the purpose of receiving an alternative-fuel infrastructure tax credit. The issue in the other two appeals was whether the alternative-energy infrastructures installed by Petitioners for their residences met the statutory definition of “qualified alternative fuel vehicle home refueling infrastructure” for the purpose of receiving an alternative fuel-infrastructure tax credit. The circuit court affirmed the final orders of the West Virginia Office of Tax Appeals that denied Petitioners’ requests for alternative-fuel infrastructure tax credits under W. Va. Code 11-6d-4(c). The Supreme Court affirmed, holding that the circuit court did not err in its judgment. View "Martin Distributing Co. v. Matkovich" on Justia Law

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University Park at Evansdale, LLC (UPE) was the lessor of certain property owned by the West Virginia University Board of Governors commonly known as “University Park.” The Monongalia County Assessor assessed UPE’s leasehold interest in University Park at just over $9 million for the tax year 2015. UPE challenged the assessment, arguing that its leasehold interest was $0 because the leasehold was neither freely assignable nor a bargain lease. The Board of Equalization and Review (BER) affirmed, determining that UPE’s protest presented an issue of taxability, rather than valuation, reviewable only by the Tax Commissioner. The circuit court affirmed, concluding that UPE advanced a challenge that the BER had no jurisdiction to review. The Supreme Court reversed, holding that the circuit court erred in concluding that UPE’s protest presented an issue of taxability. Remanded. View "University Park at Evansdale, LLC v. Musick" on Justia Law

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The State Tax Commissioner and the Berkeley County Assessor denied an ad valorem property tax exemption to University Healthcare Foundation, Inc. for its property known as the Dorothy McCormack Cancer Treatment & Rehabilitation Center. The circuit court overruled the denial, concluding that the healthcare and recreational services provided in the Center were primarily and immediately related to the joint charitable purposes of the Center and the Berkeley Medical Center. The Supreme Court reversed, holding that the circuit court erred in concluding that the Center was being used exclusively for charitable purposes. View "Matkovich v. Univ. Healthcare Found., Inc." on Justia Law

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The parties were divorced in 2012. The original order provided that, for tax exemption purposes, the father would claim Child B. and the mother would claim Child C. In 2014, mother sought modification of child support and medical support and requested an order providing that when one of the children reaches the age of majority, the remaining exemption should be rotated between the parents annually. Father requested the court to amend the order to include details of a joint parenting plan and to allocate the tax exemptions according to West Virginia Code 48-13-801.3, which requires that tax exemptions be proportioned between the parents according to income. After a remand from the circuit court, the family court clarified that the parties had agreed to “equal custodial allocation” and that the father had requested re-allocation of the tax exemptions only if no agreement was reached and observed: “It did not appear that the [mother’s] income and child support would be greater if the payor was awarded the exemption.” The Supreme Court of Appeals of West Virginia reversed, stating that the oral agreement regarding custodial allocation and other tangential issues did not eliminate the need to allocate the exemptions according to the statutory requirements, and remanded for financial analysis under the statute. View "Eric M. v. Laura M." on Justia Law