Christensen v. State Tax Commission

591 P.2d 445, 1979 Utah LEXIS 980
CourtUtah Supreme Court
DecidedFebruary 5, 1979
DocketNo. 15666
StatusPublished
Cited by3 cases

This text of 591 P.2d 445 (Christensen v. State Tax Commission) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christensen v. State Tax Commission, 591 P.2d 445, 1979 Utah LEXIS 980 (Utah 1979).

Opinion

HALL, Justice:

This case comes on appeal from the State Tax Commission which had denied plaintiff’s claimed exemption for retirement income and assessed a tax deficiency. On his 1975 tax return, the plaintiff claimed $4,800 of his interest income as a deduction pursuant to U.C.A., 1953, 59-14A-13(b)(3)(g) and claimed his retirement income in the amount of $2,544.49 as exempt pursuant to U.C.A., 1953, 49-1-28 and 49-10-47. The State Tax Commission disallowed the exempt income and recomputed the taxpayer’s income tax which resulted in a tax increase of $201.57. The taxpayer received an informal hearing before the Commission wherein the audit was sustained. A formal hearing before the Tax Division of the Third District Court1 was granted on petition of the taxpayer; and at that hearing, the Commission’s decision was reversed in favor of the plaintiff. The State Tax Commission seeks a reversal of the trial court’s decision and a reinstatement of the taxpayer’s deficiency.

The basic thrust of the Commission’s argument is that the retirement income deduction provision of Section 59-14A—13(b)(3)(g) puts a ceiling on the amount of retirement income that is deductible from gross income and that this 1973 enactment repeals the prior statutory exemptions of sections 49-1-28 and 49-10-47 which declare that retirement income for Utah State employees is exempt from taxation. In support of this position, the Commission maintains that “exemption” and “deduction” are synonymous terms, used interchangeably, and have the same net effect on a taxpayer’s return.

We are unable to adopt the position of the Tax Commission for a number of reasons. The Commission maintains that because state taxable income is defined as federal taxable income;2 and federal taxable income is defined as taxable income within the meaning of section 63 of the [447]*447Internal Revenue Code;3 and the Internal Revenue Code further defines taxable income as “gross income, minus the deductions allowed,” 4 that the only modifications are those permitted by U.C.A., 1953, 59-14A-13(b)(3)(g) which limits the deductions for retirement income to $4,800. Thus, the argument continues, the statutory provisions providing for an exemption are implicitly repealed by the 1973 Tax Act.

It is a fundamental principle of income tax law that: if income is exempted, it is not reportable and thus is not part of the taxpayer’s gross income. Hence, it is not within the definition of Section 63 of the Internal Revenue Code. If income is deductible, it must still be reported as gross income with the proper adjustment being made for that portion which can be deducted. Hence, it does fall within Section 63 of the Internal Revenue Code. The purpose of an exemption is to make the income not reportable at all whereas the purpose of a deduction is to give a credit for whatever amount is allowed by statute, thereby reducing the taxable income. The deductions permit a tax on a lesser amount but an exemption permits no tax at all. The net result to the taxpayer can be substantial.

While Section 61(a) of the Internal Revenue Code defines gross income as “income for whatever source derived,” including retirement income, a statutory exemption will remove that income from the general definition so that adjusted gross income within the meaning of Section 62 of the Internal Revenue Code becomes all income, not specifically exempt by law, less allowable deductions (which included pension plans).

It is undisputed that for state tax purposes, a state may include or exclude items that are not recognized for federal income tax purposes. A taxpayer may have to pay federal tax on earnings that are not exempted by federal law but will pay no state tax for the same earnings that are exempt by state legislative enactments. Or, a deduction may be permitted on a federal tax return but not allowed on a state return for the same item. Of course, the converse is also true.

In 1973, the legislature enacted new tax provisions. Section 59-14A-13 of that Act is pertinent to the instant matter and reads in part as follows:

******
(b)There shall be subtracted from federal taxable income .
******
(3) amounts received as ‘retirement income’ which, . . shall mean—
(a) pension and annuities under a plan which meets the requirements of section 404(a)(2) of the Internal Revenue Code . . .,
(b) interest,
(c) rent,
(d) dividends,
******
(g) . . . the amount of “retirement income” subtracted shall be the lesser of the amount included in federal taxable income or $4,800 . . . [Emphasis added.]

The foregoing language clearly refers to a deduction from taxable income and that deduction is limited to the lesser of the amount included in the federal tax return or $4,800. It does not include exemptions provided by law.

The State Tax Commission claims that this provision is inconsistent with the prior exemption provisions and, thus, the earlier enactments must fall by virtue of U.C.A., 1953, 59-14A-3, as amended, 1973 which states:

This act supersedes all conflicting provisions of Utah law in effect on the effective date hereof, to the extent of such conflict, except as provided in section 59-14A-98 . . .

The trial court properly drew the distinction between an exemption and a de[448]*448duction. If retirement income is exempt by a specific statute, it is not reportable and the deduction provision of section 59-14A-13 never comes into operation. If the retirement income is not exempt, it must be reported as gross income and the appropriate deduction taken as allowed by that statute. The two statutes do not deal with the same point; therefore, no conflict exists.

The retirement income in issue here was paid from the Utah State Employees Retirement System. Sections 49-1-28 and 49-10-47 specifically exempt this retirement income from any state, county or municipal tax of the state of Utah. The correct construction of the statutes involve results in the following interpretation: Retirement benefits received by a state employee are exempt from taxation by virtue of the provisions of U.C.A., 1953, 49-1-28 and 49-10-47, thus not subject to section 59-14A-13, and that income is not reportable. Retirement benefits received by any individual through any pension plan other than the state retirement system are not exempt and must be reported with gross income, subject to the maximum deduction provision of section 59-14A-13(b)(3)(g).

Such an interpretation makes the statutes consistent. This Court stated in Glenn v. Ferrell5 that statutes must be harmonized wherever possible and further:

Repeal by implication is not favored in the law. In order for a later enactment to take precedence over a pri- or one, without expressly repealing it, there must be irreconcilable conflict, . [Emphasis added.]

Not only were the exemption statutes not expressly repealed, but there is no irreconcilable conflict concerning them.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lyszkowski v. Commissioner
1995 T.C. Memo. 235 (U.S. Tax Court, 1995)
Jensen v. State Tax Commission
835 P.2d 965 (Utah Supreme Court, 1992)
Estate of Mitchell v. United States
645 F. Supp. 274 (S.D. Florida, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
591 P.2d 445, 1979 Utah LEXIS 980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/christensen-v-state-tax-commission-utah-1979.