Duncan Oil, Inc. v. Calcasieu Parish Sch. Bd.

239 So. 3d 367
CourtLouisiana Court of Appeal
DecidedFebruary 28, 2018
Docket17–488
StatusPublished

This text of 239 So. 3d 367 (Duncan Oil, Inc. v. Calcasieu Parish Sch. Bd.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Duncan Oil, Inc. v. Calcasieu Parish Sch. Bd., 239 So. 3d 367 (La. Ct. App. 2018).

Opinion

KEATY, Judge.

Plaintiff filed a petition with the Louisiana Board of Tax Appeals (the Board) for a redetermination of sales tax assessed against it by Defendant. After a trial, the Board rendered judgment granting in part and denying in part the petition, setting *370forth the amount of tax owed by Plaintiff to Defendant and awarding Defendant interest, penalties, and attorney fees. Plaintiff appeals. Because Plaintiff has not shown that the Board's judgment was manifestly erroneous, we affirm.

FACTS AND PROCEDURAL HISTORY

Duncan Oil, Inc. (Duncan) specializes in oil and gas exploration and development. It owned three active and producing wells in Calcasieu Parish during the time relevant to this matter. On March 6, 2015, the Calcasieu Parish School Board (CPSB) assessed Duncan with $59,894.44 in sales and/or use tax, interest, penalties, and audit costs covering December 2010 through December 2013 (the Taxable Period). Soon afterward, Duncan petitioned the Board for a redetermination of the assessment against it, arguing that the CPSB had improperly classified non-taxable cleaning services as taxable repair services; improperly classified non-taxable charges as taxable gross proceeds in conjunction with a lease or rental; improperly classified other non-taxable services and charges as taxable services. Trial took place in June 2015, following which the Board took the matter under advisement. The Board issued a seven-page Order With Written Reasons on July 14, 2016, denying in part and granting in part Duncan's petition for redetermination, dismissing Duncan's claim and upholding the tax assessment subject to the modifications noted therein, awarding the CPSB audit costs and all applicable interest and penalties, along with attorney fees of ten percent of the amount due. Judgment was signed on August 30, 2016, in accordance with the previously issued written reasons, providing, in pertinent part, as follows:

V. The total amount due on the assessment of sales and use tax issued by the Calcasieu Parish School Board to Duncan Oil, Inc. for the period of December 2010 through December 2013 is calculated as follows:
Tax: $26,361.86 Interest through 8/31/16: $19,773.89 Penalties: $ 6,960.56 Attorney's Fees: $ 5,309.63 Audit Cost: $ 7,908.56 ________________________________________ TOTAL $66,314.50

Duncan timely appealed and is now before this court asserting the following assignments of error:

1. The trial court erred in finding non-taxable cleaning services as taxable repairs under R.S. 47:301(14)(g).
2. The trial court erred in finding non-taxable services in conjunction with rentals as taxable services under R.S. 47:302(B).
3. The trial court erred in awarding penalties, attorney's fees under R.S. 47:337.13.1, and audit costs under R.S. 47:337.75.

DISCUSSION

The standard of review applicable to this appeal was explicitly set forth by the Louisiana Supreme Court in International Paper, Inc. v. Bridges , 07-1151, pp. 9-10 (La. 1/16/08), 972 So.2d 1121, 1127-28 (quoting *371St. Pierre's Fabrication and Welding, Inc. v. McNamara , 495 So.2d 1295 (La.1986) ):

Judicial review of a decision of the Board is rendered upon the record as made up before the Board and is limited to facts on the record and questions of law. The Board's findings of fact should be accepted where there is substantial evidence in the record to support them and should not be set aside unless they are manifestly erroneous in view of the evidence on the entire record .
As the [ Collector of Revenue v. ] Murphy Oil Co. [, 351 So.2d 1234 (La.App. 4 Cir. 1977) ] court annunciated:
In this type of case, the Board acts as a trial court, its findings of fact should be accepted where there is substantial evidence in the record to support them, and should not be set aside unless they are manifestly erroneous in view of the reliable, probative and substantial evidence on the whole record. If the Board has correctly applied the law and adhered to correct procedural standards, its judgment should be affirmed .

With respect to the interpretation of tax laws, the supreme court has stated:

When a law is clear and unambiguous and its application does not lead to absurd consequences, the law shall be applied as written and no further interpretation may be made in search of the intent of the legislature. This principle applies to tax statutes. It is only when there is reasonable doubt as to the meaning of a tax law that it should be strictly construed against the state and in favor of the taxpayer.

Tarver v. E.I. Du Pont De Nemours & Co. , 634 So.2d 356, 358 (La.1994).

Cleaning versus Repair

In its first assignment of error, Duncan asserts that the Board erred in finding that its invoices concerning the removal of paraffin deposits from the tubing used to extract the hydrocarbons from their source to its wells were taxable repairs under La.R.S. 47:301(14)(g). Citing Intracoastal Pipe Service, Co., Inc. v. Assumption Parish Sales & Use Tax Department , 558 So.2d 1296, 1299-00 (La.App. 1 Cir. 1990), writ granted in part, denied in part , 563 So.2d 863 (La.1990), Duncan argues that the paraffin removal should be classified as a non-taxable cleaning service rather than taxable repair.

Louisiana Revised Statutes 47:301 provides, in pertinent part, as follows:

(14) "Sales of services" means and includes the following:
(g)(i)(aa) The furnishing of repairs to tangible personal property, including but not restricted to the repair and servicing of automobiles and other vehicles, electrical and mechanical appliances and equipment, watches, jewelry, refrigerators, radios, shoes, and office appliances and equipment.

With regard to this issue, the Board noted the following in its written reasons:

In [the] case of [ Intracoastal Pipe ] Service, Co. Inc. v. Assumption Parish Sales and Use Tax Department, Assumption Parish School Board, Assumption Parish Police Jury , 558 So.2d 1296 (La. App. 1st Cir. 1990) the court held that cleaning oil field pipe or tubing is not a taxable service.
However, the Collector asserts the present facts are different from [

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

Related

BP Oil Co. v. Plaquemines Parish Gov.
651 So. 2d 1322 (Supreme Court of Louisiana, 1995)
International Paper, Inc. v. Bridges
972 So. 2d 1121 (Supreme Court of Louisiana, 2008)
Collector of Revenue v. Murphy Oil Co.
351 So. 2d 1234 (Louisiana Court of Appeal, 1977)
Intracoastal Pipe Serv. v. Assump. Parish Sales and Use Tax Dept.
558 So. 2d 1296 (Louisiana Court of Appeal, 1990)
Tarver v. EI Du Pont De Nemours and Co.
634 So. 2d 356 (Supreme Court of Louisiana, 1994)
ST. PIERRE'S FABRICATION & WELD., INC. v. McNamara
495 So. 2d 1295 (Supreme Court of Louisiana, 1986)
Pot-O-Gold Rentals, L.L.C. v. City of Baton Rouge
155 So. 3d 511 (Supreme Court of Louisiana, 2015)
Pensacola Construction Co. v. McNamara
555 So. 2d 1 (Louisiana Court of Appeal, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
239 So. 3d 367, Counsel Stack Legal Research, https://law.counselstack.com/opinion/duncan-oil-inc-v-calcasieu-parish-sch-bd-lactapp-2018.