Charnes v. Norwest Leasing, Inc.

787 P.2d 145, 1990 WL 10861
CourtSupreme Court of Colorado
DecidedMarch 12, 1990
Docket88SC524
StatusPublished
Cited by12 cases

This text of 787 P.2d 145 (Charnes v. Norwest Leasing, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Charnes v. Norwest Leasing, Inc., 787 P.2d 145, 1990 WL 10861 (Colo. 1990).

Opinions

Justice VOLLACK

delivered the Opinion of the Court.

We granted certiorari to review the decision of the court of appeals in Norwest Leasing, Inc. v. Charnes, 767 P.2d 775 (Colo.App.1988). The court of appeals held that Norwest substantially complied with subsection 39-26-117(1)(b), 16B C.R.S. (1982), by filing with the Jefferson County Clerk and Recorder a document which described property leased by Norwest to F.H. Markets. Id. at 776. We reverse and remand with direction.

I.

In 1984 respondent Norwest Leasing, Inc. (Norwest) leased equipment to F.H. Markets, Inc., which did business under the name “Shoppin’ Bag Warehouse Foods.” The lease provided that title to the equipment would remain in the lessor at all times. On August 16, 1984, Norwest attempted to comply with subsection 39-26-[146]*146117(l)(b) by filing a document1 with the Jefferson County Clerk and Recorder describing the property which was the subject of the lease. The document stated that “[tjhis transaction is intended to be a true lease and not a security transaction and the filing of this financing statement is not an admission that the transaction is other than a true lease.” The Colorado Department of Revenue (the Department) seized Norwest’s property in late November 1984 to satisfy a tax lien the Department claimed to have against F.H. Markets. Norwest brought this action for an injunction to prevent the Department from disposing of the property and for damages. On January 4,1985, Nor-west and the Department entered into a stipulation in which Norwest agreed to post a bond for $123,435.42, which is the maximum amount of the Department’s claimed lien against the property. In return, the Department agreed to release its lien.

Both parties moved for summary judgment. The trial court concluded that Nor-west’s document substantially complied with subsection 39 — 26—117(l)(b), which identifies conditions a property owner must meet to exempt its property from the lien the Department sought to enforce in this case.2 The court of appeals affirmed the trial court’s holding that Norwest’s property was exempt from the tax lien because of Norwest’s substantial compliance with subsection 39-26-117(l)(b).

II.

Subsection 39-26-117(l)(b) creates an exemption to the otherwise superior tax lien authorized by subsection 39-26-117(l)(a). The first sentence of subsection 39-26-117(l)(b) provides that:

The real or personal property of an owner who has made a bona fide lease to a retailer shall be exempt from the lien created in paragraph (a) of this subsection (1) if such property can be reasonably identified from the lease description and if the lessee is given no right to become the owner of the property leased.

The second sentence of subsection 39-26-117(l)(b) provides that:

This exemption shall be effective from the date of the execution of the lease if the lease is recorded with the county clerk and recorder of the county where the property is located or based or a memorandum of the lease is filed with the department of revenue on such forms as may be prescribed by said department within ten days after the execution of the lease at a cost for such filing of two dollars and fifty cents per document.

Norwest argues that its filing of the document substantially complied with the second sentence of subsection 39-26-117(l)(b), and therefore its property was exempt from the Department’s tax lien. The Department'argues that we must strictly construe the second sentence of subsection 39-26-117(l)(b) to require the property owner to file either the lease or the memorandum form prescribed by the Department. Norwest further argues that it is entitled to claim the exemption under the first sentence of subsection 39-26-117(l)(b), and therefore the only effect of its failure to comply with the second sentence of subsection 39-26-117(l)(b) would be to make the exemption prospective from the date Norwest filed its document.3 The [147]*147Department contends that Norwest is not entitled to claim the exemption under the first sentence of subsection 39-26-117(l)(b) because the document Norwest filed did not satisfy that subsection’s requirements.4

To decide these issues we must interpret subsection 39-26-117(l)(b) to give effect to the intent of the General Assembly. Kern v. Gebhardt, 746 P.2d 1340, 1344 (Colo.1987). “To discern legislative intent, we look primarily to the language of the statute itself and then give effect to these statutory terms in accordance with their commonly accepted meaning.” Id.; see also State Dep’t of Revenue v. Adolph Coors Co., 724 P.2d 1341, 1345 (Colo.1986). In ITT Diversified Credit Corp. v. Couch, 669 P.2d 1355, 1362 (Colo.1983), we relied on the language of the Sales Tax Act to hold that the legislature’s omission of the words “in the ordinary course of business” from other provisions of the Act indicated that the exemption from the lien created in subsection 39-26-117(l)(a) “protects only the retail customers of the taxpayer who purchased the goods from the retailer’s inventory in the ordinary course of business.” In this ease we must also determine the issues based on the language and the legislative purpose of subsection 39-26-117(l)(b).

A.

Norwest’s first argument is that it is entitled to claim the exemption authorized by subsection 39-26-117(l)(b) from the date of the lease because Norwest substantially complied with the second sentence of that subsection by filing the document. We disagree.

We have approved of a rule of substantial compliance with a statute when such a rule serves the purposes of the statute. See People v. Trancoso, 776 P.2d 374, 379 (Colo.1989). In Trancoso we noted that we have liberally construed the Uniform Mandatory Disposition of Detainers Act, §§ 16-14-101 to 16-14-108, 8A C.R.S. (1986), to hold that in appropriate circumstances substantial compliance with the Act’s requirements is sufficient to invoke a prisoner’s rights. Id.; see also People v. Campbell, 742 P.2d 302, 306-08 (Colo.1987). In some instances, however, the legislative purpose of a statute requires that the parties strictly comply with its provisions. In Coors, 724 P.2d at 1345, we held that returnable beer kegs qualified as “containers” exempt from the sales and use tax under subsections 39-26-102(20)(a) and 39-26-203(l)(f)(I). We based our decision on the fact that the applicable statutory phrase “container, label, or the furnished shipping case” contained no resale restriction. Id. We stated that “one cannot restrict by judicial decision a provision that the General Assembly has left unrestricted,” and that “we cannot by construction amend the statute.” Id. The same principle guided our statement in ITT Diversified

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787 P.2d 145, 1990 WL 10861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charnes-v-norwest-leasing-inc-colo-1990.