Balmoral Racing Club, Inc. v. Topinka

778 N.E.2d 239, 334 Ill. App. 3d 454, 268 Ill. Dec. 253, 2002 WL 31163586
CourtAppellate Court of Illinois
DecidedSeptember 30, 2002
Docket1—00—3343; 1—00—3344 cons.
StatusPublished
Cited by25 cases

This text of 778 N.E.2d 239 (Balmoral Racing Club, Inc. v. Topinka) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balmoral Racing Club, Inc. v. Topinka, 778 N.E.2d 239, 334 Ill. App. 3d 454, 268 Ill. Dec. 253, 2002 WL 31163586 (Ill. Ct. App. 2002).

Opinion

JUSTICE BUCKLEY

delivered the opinion of the court:

In October 1999, plaintiff Hawthorne Race Course (Hawthorne) filed a complaint against defendants Illinois State Treasurer Judy Baar Topinka, the Department of Revenue (Department), and the Illinois Racing Board (Racing Board) seeking an injunction and declaratory judgment. Hawthorne alleged that a 1999 amendment to the Illinois Horse Racing Act of 1975 (Racing Act) (230 ILCS 5/1 through 55 (West Supp. 1999)) creating a pari-mutuel tax credit was available to racetracks beginning in the year 1999. In December 1999, plaintiffs Balmoral Racing Club (Balmoral) and Maywood Park Trotting Association (Maywood) filed a complaint similar to Hawthorne’s complaint. The parties agreed to consolidate the two cases. In April 2000, plaintiffs filed motions for summary judgment in their respective cases, and in May 2000, defendants filed a motion for summary judgment. In August 2000, the circuit court granted summary judgment to plaintiffs.

Defendants appeal, arguing that the circuit court erred in granting summary judgment in favor of plaintiffs. We affirm.

I. BACKGROUND

On June 25, 1999, the Illinois General Assembly enacted Public Act 91 — 40, an act relating to gambling. Pub. Act 91 — 40, eff. June 25, 1999 (1999 Ill. Laws 1184-1257). Contained in the act were several amendments to the Racing Act. Two such amendments included the addition of section 27(a — 5), which imposed a “pari-mutuel tax” to begin January 1, 2000, and changes to section 27(a), which was amended to add the termination of the “privilege tax” on December 31, 1999. Pub. Act 91^0, eff. June 25, 1999 (1999 Ill. Laws 1219-20). Another amendment was the addition of section 32.1, which provided for a pari-mutuel tax credit for racetracks awarded live racing dates during a given year. Pub. Act 91 — 40, eff. June 25, 1999 (1999 Ill. Laws 1234-35) (adding 230 ILCS 5/32.1).

In 1999, Hawthorne was licensed to and did conduct a thoroughbred race meeting at its race course in Stickney, Illinois. Also in 1999, Balmoral and Maywood were licensed to and did conduct harness racing in Balmoral Park, Illinois, and Maywood Park, Illinois, respectively.

Following the effective date of Public Act 91 — 40, each of the plaintiffs advised the Racing Board that since it had been awarded live racing dates in 1999, it was entitled to a credit against its privilege tax in 1999, as established by section 32.1. 230 ILCS 5/32.1 (West Supp. 1999). The Racing Board denied plaintiffs’ requests, and plaintiffs proceeded to make a payment of the privilege tax under protest pursuant to section 2(a) of the State Employees and Money Disposition Act. 30 ILCS 230/2(a) (West 1998).

In October 1999, Hawthorne filed a complaint in the circuit court against defendants seeking an injunction and declaratory judgment. It alleged that in 1998 it paid $1,229,048.44 in real estate taxes. Hawthorne alleged that section 32.1 of the Racing Act provided a parimutuel tax credit, which the General Assembly intended to be available in 1999 and, thus, it was entitled to a 50% credit against its 1999 privilege tax. Hawthorne also sought a temporary restraining order and a preliminary injunction to prohibit transfer of funds paid under protest. In December 1999, Balmoral and Maywood filed a complaint alleging the same use of the pari-mutuel tax credit as Hawthorne. Balmoral and Maywood paid in 1998 real estate taxes in the amounts of $163,317.02 and $766,186.56, respectively. The circuit court issued temporary restraining orders in both cases. The parties filed an agreed motion to consolidate both cases, which the court granted. In February 2000, the court granted a preliminary injunction.

In April 2000, plaintiffs filed motions for summary judgment in their respective cases, and in May 2000, defendants filed a motion for summary judgment. In August 2000, the circuit court granted plaintiffs’ motions for summary judgment, finding:

“1. Plaintiffs, by virtue of 230 ILCS 5/32.1, are entitled to receive, in 1999, a credit against taxes assessed on pari-mutuel handle under 230 ILCS 5/27(a) in the year 1999;

2. Plaintiffs have made payments of taxes under protest pursuant to 30 ILCS 230/2(a);

3. There is no genuine issue of material fact and [p]laintiffs are entitled to summary judgment as a matter of law.”

The court entered judgment in favor of plaintiffs and awarded $614,529.22 to Hawthorne, $81,658.51 to Balmoral, and $383,093.28 to Maywood, plus interest. In September 2000, a modified order for summary judgment was entered, noting that the interest was to run from the date of deposit of the disputed funds into the protest fund.

This appeal followed.

II. ANALYSIS

On appeal, defendants argue that the trial court erred in granting summary judgment in favor of plaintiffs. Specifically, defendants assert that the pari-mutuel tax credit provided by section 32.1 first became available in the 2000 tax year, which is the same tax year that section 27(a — 5) first imposed the pari-mutuel tax. We disagree.

The standard of review in this case is de novo for two reasons. Since “the question presented is one of law, a reviewing court determines it independently of the trial court’s judgment.” In re Lawrence M., 172 Ill. 2d 523, 526 (1996). Additionally, we review a circuit court’s grant of summary judgment de novo. Ragan v. Columbia Mutual Insurance Co., 183 Ill. 2d 342, 349 (1998). Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1998).

Ordinarily, the taxing authority has the burden of proof regarding a taxpayer’s liability to the government. Balla v. Department of Revenue, 96 Ill. App. 3d 293, 295 (1981). However, when a taxpayer claims that he is exempt from a particular tax, or where he seeks to take advantage of deductions or credits allowed by statute, the burden of proof is on the taxpayer. Statutes granting such privileges are to be strictly construed in favor of taxation. Balla, 96 Ill. App. 3d at 295. In this case, plaintiffs carry the burden of proof because they are seeking to take advantage of a tax credit.

Public Act 91 — 40 added section 32.1, which imposed a credit for pari-mutuel taxes as follows:

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Bluebook (online)
778 N.E.2d 239, 334 Ill. App. 3d 454, 268 Ill. Dec. 253, 2002 WL 31163586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balmoral-racing-club-inc-v-topinka-illappct-2002.