State ex rel. Nevada Tax Commission v. Independent Sheet Metal, Inc.
State ex rel. Nevada Tax Commission v. Independent Sheet Metal, Inc.
Opinion of the Court
OPINION
This case concerns whether the statutory scheme in effect in 1986 gave the State of Nevada the authority to charge interest on deficient taxes from the time the taxes originally came due.
Facts
The state initially made an arbitrary assessment against Independent Sheet Metal in the amount of $412,712.03 in deficient sales and use taxes, penalties and interest on December 30, 1985. Independent Sheet Metal petitioned for a redetermination on January 20, 1986, and the state agreed to re-audit Independent Sheet Metal in return for Independent Sheet Metal’s cooperation in producing the necessary documentation.
Independent Sheet Metal appealed the hearing officer’s decision regarding the assessment of interest to the Nevada Tax Commission, and, after a hearing, the tax commission affirmed the hearing officer’s decision and order. Thereafter, Independent Sheet Metal filed a petition for judicial review of the decision of the hearing officer and the tax commission. The district court determined that the statutes did not authorize the state to collect interest from the original due date of the taxes, and he ordered that the portion of the deficiency determination imposing interest be stricken.
Discussion
The parties do not dispute that the former NRS 360.310 governs in this case.
The tense of the verbs in the tax deficiency determination statutes concerning interest is also instructive. NRS 360.400 referred in the present tense to the date when interest starts to accrue in the event a taxpayer fails to pay after a deficiency determination has become final: “Interest shall accrue from the time when the determination becomes due and payable.” NRS 360.400 (emphasis added). However, in NRS 360.310, which both parties agree controls in this case, the legislature referred to that date on which interest begins to accrue in the past tense: “The amount. . . bears interest. . . from the date on which such amount . . . became due until the date of the payment.” NRS 360.310 (emphasis added). These statutes were both found in the section entitled “Determination of Deficient Payment.” If Independent Sheet Metal’s assertion that both of these due dates refer to the date on which the deficiency determination became final is correct, then the legislature should havé used the same verb tense. The legislature, however, used the past tense in NRS 360.310 which implied that the date referred to in that statute was to precede the date referred to in NRS 360.400. The only logical, preceding date would be the date on which the original tax was due, as the state asserts.
We conclude that the due date referred to in former NRS 360.310 referred to the date on which the taxes were originally due. Although the statute may have been ambiguous in referring to the “date on which such amount. . . became due,” viewed in its statutory context, that date could only be the date that Independent Sheet Metal should have originally paid the tax. Accord
In 1987, the legislature amended the statutory scheme for determining deficiencies. Within that new structure, NRS 360.417 makes it clear that interest on a tax deficiency accmes from the time the tax should have been paid. However, NRS 360.417 was enacted after the events relevant to this case took place, and we therefore cannot apply it.
NRS 360.310 was repealed in 1987 and replaced by NRS 360.417 as authorization for the state to charge interest on deficient taxes. See, note 1, above.
Reference
- Full Case Name
- STATE OF NEVADA, EX REL NEVADA TAX COMMISSION, a Public Agency of the State of Nevada v. INDEPENDENT SHEET METAL, INC., a Nevada Corporation
- Status
- Published