Graphic Packaging International, Inc. v. Lewis

187 So. 3d 499, 2016 La. App. LEXIS 159, 2016 WL 415621
CourtLouisiana Court of Appeal
DecidedFebruary 3, 2016
DocketNo. 50,371-CA
StatusPublished
Cited by3 cases

This text of 187 So. 3d 499 (Graphic Packaging International, Inc. v. Lewis) 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
Graphic Packaging International, Inc. v. Lewis, 187 So. 3d 499, 2016 La. App. LEXIS 159, 2016 WL 415621 (La. Ct. App. 2016).

Opinion

CALLOWAY, J., Ad Hoc.

hThe plaintiff, Graphic Packaging International (“GPI”), filed suit against the City of Monroe, as well as the City of Monroe Tax and Revenue Division and its administrator, Timothy Lewis (referred to collectively as “the city”), seeking a refund of its payment of >2007 sales and use taxes for certain raw materials used in its manufacturing process and for other items. GPI claimed that the raw materials were subject to the “further processing exclusion.” After a bench trial, the trial court ruled in favor of GPI ordering the city to refund [502]*5022007 sales and use tax overpayments in the amount of $353,292.39, plus interest, attributable to raw materials sodium hydroxide/caustic soda, sodium hydrosulfide, and emulsified sulphur (hereafter “the chemicals”). However, the trial court denied GPI’s claim for a refund of 2007 sales and use taxes paid on repulpable tape and professional services. The city appealed, and GPI answered the appeal. For the reasons' explained in this opinion, we affirm the trial court’s judgment.

FACTS

In its petition for refund filed on July 5, 2011, GPI, a paperboard products manufacturer in Ouachita Parish, alleged that it erroneously paid sales and use taxes to the city in 2007. The petition stated that the taxes were attributable to chemicals purchased for further processing and- other nontaxable transactions. As shown- by the petition, GPI first requested a refund in the amount of $2,263,128.37 by. letter to the city on December 30, 2010. The city denied the refund request on April 5, 2011. GPI then requested a hearing pursuant to La. R.S. 47:337.81(A)(1), but no hearing was held or decision rendered within 30 days of the- request as required by 12statute. When the city failed to respond, GPI filed suit in district court.

The city responded with an exception' of prescription. . On July 9, 2012, the district court denied that exception. Thereafter, the city answered the petition on April 30, 2013.. ...

A three-day bench trial was ■ held • on November 12, 13 and. 14, 2014. By this time, GPI had reduced its refund claim to $398,655.21, plus statutory interest, which included $353,292.39 for taxes attributable to-the chemicals, $9,686.34 for taxes attributable to repulpable tape, and $35,676.48 for taxes on professional services. On January 28, 2015, the trial court gave reasons for judgment, providing in pertinent part:

Plaintiffs raw materials refund claims are based on the “further processing exclusion” ’ found in La. R.S. 47:301(10)(C)(i)(aa) and involve sodium hydroxide/NaOH (caustic soda), sodium hydrosulfide/NaHS (NaSH) and emulsified sulfur. The Court must determine whether the raw materials purchased by Plaintiff and utilized in the manufacture of their products are excluded from sales and use tax as materials purchased for further process.
The Supreme Court, in [International Paper v. Bridges, 2007-1151 (La.1/16/08), 972 So.2d 1121], held that raw materials “further processed” into end products are excluded from the sales and use tax provisions when (1) the raw materials become recognizable and identifiable components of the end products; (2) the raw materials are beneficial to the end products; and (3) the raw materials are material for further processing, and as such, are purchased with the purpose, but not necessarily the primary purpose, of inclusion in the end products.
Ken Meissner, an employee of Plaintiff,, as well as Dr. Joseph Genco, Plaintiffs expert, testified that sulfur and sodium remain in the end product. Additionally, Defendant’s expert, Dr. Richard,.Venditti, admitted that sodium and . sulfur existed in the end product. That is all that , is required by. the first element of the Bridges test. There is no threshold amount that must be met. Plaintiff must merely prove that the raw materials are recognizable and identifiable components of the end product.
- With regard to the second element of the Bridges test, Plaintiff alleges that the raw materials were beneficial to its end product, specifically with regard to [503]*503mass, conductivity, sizing and strength properties. The raw materials add mass to the product sold, resulting lain over $2.8 million in revenue each year.
Another benefit derived from the raw material is conductivity. The testimony presented by Plaintiff indicated that sodium is a conductor of electricity which assists customers and consumers when coming in contact with the product, as it assists in reducing static electricity during the rolling and unrolling of the paper rolls. Defendants’ expert did not dispute that sodium is a conductor of electricity. They sought merely to minimize the benefit Plaintiff derived from it by alleging that Plaintiff conducts no testing to determine what amount of sodium is needed to achieve desired conductivity and that Plaintiff does not design its process or end product to achieved (sic) a requisite conductivity. In other words, because Plaintiff does not specifically test the level of raw material to determine the amount needed to maintain a specific, desired level of conductivity, the Defendant does not believe Plaintiff derives any benefit from the raw material. The Court disagrees. Whether or not testing is performed to ensure certain levels of conductivity are achieved, the conductivity is necessary and a benefit to the end product.
Due to the clear benefit Plaintiff receives from the raw materials’ mass and conductivity, the Court does not find it necessary to go into great discussion of the other benefits claimed by Plaintiff. The Court believes mass and conductivity to be sufficiently beneficial to meet the standard in Bridges. However, the Court does note that Plaintiff also alleges sodium assists in creating good water absorbency (preventing sizing) in the product and that the raw materials in the processing lead to better strength qualities in the end product.
According to Bridges, Plaintiff must prove that the raw materials are purchased for the purpose of inclusion in the end product, but not necessarily for the primary purpose of inclusion in the end product. There is no doubt that the raw materials are necessary for processing; however, they are still recognizable in the end product and the benefits achieved by leaving the raw materials.in the end product would likely no longer exist if those materials were not present. While the sodium and [sulfur] are necessary to create the product, they also benefit the end product for all the .reasons suggested — mass, conductivity, sizing and strength.
The testimony at trial clearly showed that the materials were bought for the purpose, whether primary or not, of further processing into the final product; that the materials were beneficial and that they were recognizable in the final product. The Court finds in favor of Plaintiff with regard to the refund claim for taxes paid on chemical raw materials, in the amount of $353,292.39 plus judicial interest.
Plaintiff claims that its repulpable tape should be considered a raw material and thus excluded from taxes. The Court commends Plaintiff for recycling the tape in an effort to avoid waste, but there was no evidence presented of a benefit achieved by its inclusion in |4the end product. Plaintiffs refund claim in the amount of $9,686.34 is denied.

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

Related

Cite This Page — Counsel Stack

Bluebook (online)
187 So. 3d 499, 2016 La. App. LEXIS 159, 2016 WL 415621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graphic-packaging-international-inc-v-lewis-lactapp-2016.