Gp Gypsum Corp. v. State Dept. of Revenue

183 P.3d 1109
CourtCourt of Appeals of Washington
DecidedMay 20, 2008
Docket35883-2-II
StatusPublished
Cited by4 cases

This text of 183 P.3d 1109 (Gp Gypsum Corp. v. State Dept. of Revenue) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gp Gypsum Corp. v. State Dept. of Revenue, 183 P.3d 1109 (Wash. Ct. App. 2008).

Opinion

183 P.3d 1109 (2008)

G-P GYPSUM CORPORATION, Appellant,
v.
STATE of Washington DEPARTMENT OF REVENUE, Respondent.

No. 35883-2-II.

Court of Appeals of Washington, Division 2.

May 20, 2008.

Franklin G. Dinces, The Dinces Law Firm, Gig Harbor, WA, for Appellant.

Peter B. Gonick, Asst. Atty. Gen. Revenue Division, Olympia, WA, for Respondent.

ARMSTRONG, J.

¶ 1 G-P Gypsum Corporation (Gypsum) appeals the trial court's decision denying it a refund of Tacoma city use taxes it paid for its use of natural gas in Tacoma. It argues that the statutory definition of "use" limits Tacoma's tax to situations where the taxpayer first exercises its dominion or control over the gas in Tacoma. Gypsum reasons that because it first exercised dominion over its natural gas in Washington outside Tacoma, it did not "use" the gas in Tacoma and the local tax does not apply. Because the only statutory definition of "use" supports Gypsum's argument, we reverse and remand for entry of judgment granting Gypsum the refund requested.

FACTS

¶ 2 At trial, the parties stipulated to the following facts. Gypsum manufactures wallboard in Tacoma, Washington, consuming natural gas in the process. During the time in question, Gypsum purchased natural gas at stations in Sumas and Sumner, both cities in Washington, then transported the gas to its Tacoma plant. Gypsum paid the City of Tacoma a total of $853,722.55 for the natural gas it consumed in Tacoma from January 1, 1996, to December 31, 2000.[1]

¶ 3 Gypsum sought a refund of the entire amount. After exhausting its remedies with the Department of Revenue (Department), Gypsum sued for a refund in Thurston County Superior Court. Gypsum alleged that it owed no Tacoma natural gas use taxes because it did not first take possession, dominion, or control of the gas in Tacoma.

¶ 4 The trial court denied Gypsum's request for a refund of the Tacoma natural gas use taxes, finding that even though Gypsum took dominion and control over its natural gas at the Sumas or Sumner stations where it purchased the gas, the Tacoma tax still applied because a "harmonious reading of RCW 82.14 and corresponding statutes leads to only one reasonable conclusion — that the natural gas use tax of RCW 82.14.230(1) is imposed upon the first use or the first exercise of dominion and control over natural gas within a city." Clerk's Papers (CP) at 179.

¶ 5 The issue is whether Gypsum is subject to Tacoma's local use tax for natural gas under RCW 82.14.230 even though its first *1111 act of dominion or control over the gas in Washington occurred outside the city.

ANALYSIS

¶ 6 Gypsum argues that local natural gas use taxes, just like any other use tax, may be imposed only at the place of first use within Washington, not on any subsequent use elsewhere. Thus, according to Gypsum, because it first exercised dominion or control over its natural gas in Washington outside of Tacoma, Tacoma's tax does not apply to it. Gypsum relies on the statutory definition of "use" in former RCW 82.12.010(2) (1994), various judicial and administrative decisions limiting other use taxes to "the first act" of dominion and control in Washington and not "any subsequent act," and the Department's alleged administrative practice of imposing the state and local use taxes simultaneously. It also argues that if the meaning of "use" is ambiguous, that ambiguity must be resolved in favor of the taxpayer.

¶ 7 We review a lower court's interpretation of a statute de novo. Qwest Corp. v. City of Bellevue, 161 Wash.2d 353, 358, 166 P.3d 667 (2007). Our objective in construing a statute is to ascertain and carry out the legislature's intent. Qwest Corp., 161 Wash.2d at 363, 166 P.3d 667 (quoting Arborwood Idaho, LLC v. City of Kennewick, 151 Wash.2d 359, 367, 89 P.3d 217 (2004)).

A. Statutory Background

¶ 8 This case concerns the interplay between two chapters of Washington's revenue code, chapters 82.12 and 82.14 RCW.

¶ 9 Chapter 82.12 RCW concerns state use taxes. RCW 82.12.022(1) levies "a use tax for the privilege of using natural gas . . . within this state as a consumer." Former RCW 82.12.010(2)[2] provided that for the purposes of chapter 82.12 RCW, the terms "`[u]se,' `used,' `using,' or `put to use' shall have their ordinary meaning, and shall mean the first act within this state by which the taxpayer takes or assumes dominion or control over the article of tangible personal property[[3]] (as a consumer) and include installation, storage, withdrawal from storage . . . or any other act preparatory to subsequent actual use or consumption within this state."

¶ 10 Chapter 82.14 RCW authorizes local use taxes. RCW 82.14.230(1) authorizes cities to levy "a use tax for the privilege of using natural gas . . . in the city as a consumer." The term "use" is not defined, but former RCW 82.14.020(7) (1983)[4] provides that "[t]he meaning ascribed to words and phrases in chapter[ ] 82.12 RCW, . . . insofar as applicable, shall have full force and effect with respect to taxes imposed under authority of this chapter." (Emphasis added.)

B. Application

¶ 11 We begin our review with the statutory language itself; if the statute's meaning is plain on its face, we apply that meaning. Tingey v. Haisch, 159 Wash.2d 652, 657, 152 P.3d 1020 (2007) (quoting State v. Jacobs, 154 Wash.2d 596, 600, 115 P.3d 281 (2005)). We discern plain meaning not only from the statutory language but also from the context surrounding the statute, related provisions, and the statutory scheme as a whole. Tingey, 159 Wash.2d at 657, 152 P.3d 1020. Only if a provision remains susceptible to more than one reasonable interpretation will we employ tools of statutory construction to discern its meaning. Tingey, 159 Wash.2d at 657, 152 P.3d 1020 (citing Dep't of Ecology v. Campbell & Gwinn, LLC, 146 Wash.2d 1, 12, 43 P.3d 4 (2002)).

1. "Insofar As Applicable"

¶ 12 The parties first disagree about the extent to which the definition of "use" in former RCW 82.12.010

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Related

Gp Gypsum Corp. v. State, Dept. of Revenue
237 P.3d 256 (Washington Supreme Court, 2010)
G-P Gypsum Corp. v. Department of Revenue
169 Wash. 2d 304 (Washington Supreme Court, 2010)

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183 P.3d 1109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gp-gypsum-corp-v-state-dept-of-revenue-washctapp-2008.