Articles Posted in Tax Law

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The North Carolina Department of Revenue (Defendant) unconstitutionally taxed the income of The Kimberly Rice Kaestner 1992 Family Trust (Plaintiff) pursuant to N.C. Gen. Stat. 105-160.2 based solely on the North Carolina residence of the beneficiaries during certain tax years because Plaintiff did not have sufficient minimum contacts with the State of North Carolina to satisfy the due process requirements of the state and federal Constitutions. Plaintiff filed a complaint alleging that Defendant wrongfully denied Plaintiff’s request for a refund because the taxes collected pursuant to section 105-160.2 violate the due process clause. The North Carolina Business Court concluded that the provision of section 105-160.2 allowing taxation of a trust income “that is for the benefit of a resident of this State” violated both the Due Process Clause and N.C. Const. art. I, 19, as applied to Plaintiff. The court therefore granted Plaintiff’s motion for summary judgment. The court of appeals affirmed. The Supreme Court affirmed, holding (1) section 105-160.2 is unconstitutional as applied to collect income taxes from Plaintiff for the tax years at issue; and (2) therefore, summary judgment was properly granted for Plaintiff. View "Kaestner 1992 Family Trust v. North Carolina Department of Revenue" on Justia Law

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The Supreme Court held that summary judgment was improper in this case alleging fraudulent concealment and professional negligence. In her complaint, Plaintiff alleged that Defendants failed properly to prepare and file her delinquent tax returns for tax years 2006 through 2009 and intentionally deceived her about the status of the returns. The trial court allowed Defendants’ motion for partial summary judgment regarding Plaintiff’s fraudulent concealment claim, the corresponding claim for punitive damages, and Defendants’ statute of repose defense for professional negligence for tax years 2006 and 2007. The court of appeals reversed the trial court’s decision regarding the statute of repose and affirmed the trial court’s dismissal of Plaintiff’s fraudulent concealment claim and Plaintiff’s related claim for punitive damages. The Supreme Court reversed in part, holding that genuine issues of material fact existed regarding the fraudulent concealment claim and the accompanying punitive damages claim, as well as the triggering event for the running of the statute of repose. View "Head v. Gould Killian CPA Group, P.A." on Justia Law

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The Supreme Court affirmed the North Carolina Business Court’s substantive decision interpreting N.C. Gen. Stat. 105-130.5(b)(1) so as to preclude The Fidelity Bank from deducting “market discount income” relating to discounted United States obligations for North Carolina corporate income taxation purposes. The Supreme Court, however, reversed the Business Court’s decision to dismiss the second of two judicial review petitions that Fidelity Bank filed in these cases and remanding that matter to the North Carolina Department of Revenue with instructions to vacate that portion of the Department’s second amended final agency decision relating to the deductibility issue for lack of subject matter jurisdiction, holding that the Business Court’s decision to dismiss the portions of the second judicial review petition challenging the Department’s decision concerning the deductibility issue in the second amended final agency decision was erroneous. View "Fidelity Bank v. N.C. Department of Revenue" on Justia Law

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The parties in this case were the City of Lumberton and four companies that ran promotional sweepstakes as part of their business plans. In 2010, the City amended its existing privilege license tax on businesses that utilized electronic machines to conduct sweepstakes. The prior tax for these companies was $12.50 per year. The new law made the minimum tax owed by these businesses $7,500. This change imposed a 59,900% minimum increase per business location. The trial court granted summary judgment in favor of the City, finding the new tax to be constitutional. Addressing the Just and Equitable Tax Clause of the North Carolina Constitution, the court of appeals affirmed, determining that the tax did not amount to a prohibition of the companies' businesses. The Supreme Court reversed, holding that the City's privilege license tax violated the Just and Equitable Tax Clause as a matter of law, as the present tax transgressed the boundaries of permissible taxation. View "IMT, Inc. v. City of Lumberton" on Justia Law

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In 2007, Brunswick County conducted an authorized appraisal of all property in the County. However, in 2008, which was not a statutorily designated year for setting property values for tax purposes, the County reassessed the tax value of real property belonging to Ocean Isle Palms LLC. Ocean Isle disputed the resulting tax values, arguing that the values were unlawful because they were based on an invalid reassessment. The County Board of Equalization and Review declined to change the valuations. On appeal, the Property Tax Commission found the 2008 revaluation was unlawful and granted Ocean Isle's summary judgment motion. The court of appeals reversed. The Supreme Court reversed, holding that the reassessment conducted in the nonreappraisal year 2008 violated the relevant statutes, and the alteration of the taxable value of Ocean Isle's property under the 2008 reassessment was unlawful. View "In re Ocean Isle Palms LLC" on Justia Law