Justia Tax Law Opinion SummariesArticles Posted in Wyoming Supreme Court
Exxon Mobil Corp. v. Wyo. Dep’t of Revenue
This case arose from a decision rendered by the State Board of Equalization (Board) concerning the valuation point for tax purposes of the natural gas production from the LaBarge Field. The Supreme Court remanded the issue to the Board of whether the meters located at the LaBarge Field well sites were "custody transfer meters" as defined by Wyo. Stat. Ann. 39-14-203(b)(iv) or volume meters for Exxon's share of gas production. The Board held (1) the meters were not custody transfer meters for Exxon's share of gas production, and (2) the same meters were custody transfer meters for the gas produced by two other working interest owners, petroleum companies, who were not parties to the action. The Supreme Court (1) affirmed the Board's determination that the meters were not custody transfer meters for Exxon's gas where the Board's determination harmonized with precedent established in Amoco Prod. Co. v. Dep't of Revenue; but (2) reversed the Board's determination that the meters were custody transfer meters for the petroleum companies' gas because the Board did not have the authority to determine the valuation point for "non-party" persons or entities that do not appeal their tax assessments.
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.
Maverick Motorsports Group, LLC v. Dept. of Revenue, State of Wyoming
Maverick Motorsports Group, LLC ("Maverick") challenged a decision of the State Board of Equalization ("SBOE") that certain sales by Maverick were subject to Wyoming sales tax. At issue was whether sales of recreational vehicles were taxable in Wyoming because possession was transferred in Wyoming. Also at issue was whether enforcement and collection of Wyoming sales taxes violated the Commerce Clause. The court affirmed the actions of the SBOE and held that the purchase of the various recreational vehicles at issue constituted a taxable event where buyers took possession of the vehicles in Wyoming and that collection of sales taxes on these vehicles met constitutional requirements and did not violate the Commerce Clause.