Khan v. Tax Commission
Khan v. Tax Commission
Opinion
PER CURIAM:
¶1 Nasrulla Khan seeks judicial review of the Utah State Tax Commission's April 29, 2016 decision. We decline to disturb the Commission's decision.
¶2 Khan asserts that the Utah State Tax Commission (Commission) erred by declining to deduct his loss carry forwards from his household income. Khan filed for a renter's credit under Utah Code section 59-2-1209, which provides property tax relief for "certain persons who own or rent their places of residence."
¶3 This court recently rejected Khan's arguments in his previous request for judicial review of the Commission's prior decision.
See
Khan v. Tax Comm'n,
¶4 Khan's arguments in the present matter are contrary to this court's decision in
Khan.
Although Khan asserts that this court's prior decision is contrary to the Property Tax Act, Khan has not adequately distinguished his current arguments from this court's precedent, nor demonstrated cogent reasons for departing from
Khan
. Moreover, the legal doctrine of horizontal stare decisis binds this court to its prior decision, and the first decision by this court on a particular question of law governs subsequent decisions by the same court.
See
State v. Tenorio
,
¶5 Khan raises six issues for judicial review, but with one exception, his supplementary issues may be fairly characterized as efforts to bolster his argument that loss carry forwards should be deducted from his household income. Without the requisite citation to legal authority or development of that authority, Khan next asserts that the Commission violated Utah law by not requiring its application form for a renter's credit to separately delineate the applicant's loss carry forwards under Utah Code section 59-2-1202. As the Commission correctly notes, the application form does have a section to list other income received under Utah Code section 59-2-1202, such as support money received.
See
¶6 Khan fails to meet his significant burden in demonstrating that this court should depart from its previous decision in Khan , and that the Commission violated Utah law in the format of its application for a renter's credit. We therefore decline to disturb the Commission's determination.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.