Handyman Equipment Rental Co. v. City of Portland

1999 ME 20, 724 A.2d 605, 1999 Me. 20, 1999 Me. LEXIS 22
CourtSupreme Judicial Court of Maine
DecidedFebruary 1, 1999
StatusPublished
Cited by10 cases

This text of 1999 ME 20 (Handyman Equipment Rental Co. v. City of Portland) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Handyman Equipment Rental Co. v. City of Portland, 1999 ME 20, 724 A.2d 605, 1999 Me. 20, 1999 Me. LEXIS 22 (Me. 1999).

Opinions

CALKINS, J.

[¶ 1] Handyman Equipment Rental Co., Inc., and Kennebec Equipment Rental Co., Inc., appeal from the summary judgment of the Superior Court (Cumberland County, Brennan, J.) entered in favor of the City of Portland in a declaratory judgment action. Handyman and Kennebec contend that the requirement of 36 M.R.S.A. § 706 (1990) to answer “all proper inquiries” by the tax assessor does not apply to tax-exempt property and that section 706 does not bar their declaratory judgment action. We agree and vacate the judgment.

[¶ 2] Handyman and Kennebec each operate a rental business in Maine that engages in the rental, sale, and service of small light-industry equipment. Handyman and Kenne-bec filed declarations, pursuant to section 706, for each relevant tax year. The declarations purported to list all inventory items that were not in their possession and not held for sale on April 1 of each year, along with the values of the items. Handyman and Kennebec take the position that the decision in Eagle Rental, Inc. v. City of Waterville, 632 A.2d 130 (Me.1993), means that they are not liable for taxes for inventory that was actually in their possession and for sale on April 1 of each tax year. In Eagle Rental we interpreted the tax exemption in 36 M.R.S.A. § 655(1)(B) (1990)1 for “inventory held for resale” to include inventory that was held both for resale and for rental. See Eagle Rental, 632 A.2d at 132. Handyman and Kennebec acknowledge that they are liable for taxation on property that was out on rental and not in their possession on April 1.

[¶ 3] Portland asked both Handyman and Kennebec to respond to three pages of written questions regarding their inventories, policies and other financial information. Handyman never responded to the inquiries, and Kennebec responded in part and asserted that it was not required to answer inquiries about exempt property. Portland assessed personal property taxes against Handyman for 1996 and against Kennebec for 1994, 1995, and 1996, on inventory items the companies had available for rent or for sale during those years.

[¶ 4] On July 8, 1996, Portland filed personal property tax liens against Handyman for 1996 in the amount of $6,323.81, and against Kennebec for 1995 and 1996 in the amount "of $3,691.36 and $4,014.45, respectively. Handyman and Kennebec filed this declaratory-judgment action asking the court to declare that the inventory items in their possession on April 1 of each tax year were exempt and that they were not required to provide the information Portland requested. They also requested a declaration that the tax liens were invalid.

[¶ 5] The parties filed cross-motions for summary judgment, and the court granted a summary judgment in favor of Portland on the grounds that Handyman and Kennebec failed to comply with section 706 and that the failure to comply barred their declaratory judgment action.

[¶ 6] We review the entry of a summary judgment “for errors of law, viewing the evidence in the light most favorable to the party against whom the judgment was entered.” Landry v. Leonard, 1998 ME 241, ¶4, 720 A.2d 907, 908 (quotations omitted). We will uphold a summary judgment “if the evidence demonstrates that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Id. (quotations omitted).

[607]*607I.

[¶ 7] This case concerns the interpretation of the fourth paragraph of section 7062 and, specifically, the meaning of the phrase “liable to be taxed.” The first three paragraphs are not an issue because Handyman and Kennebec complied with them. They complied with them by filing their declarations, which contained lists of their nonexempt property, that is, lists of property not for resale because the property was under a rental contract on April 1. “Stock-in-trade, including inventory held for resale by a distributor, wholesaler, retail merchant or service establishment” is exempt from taxation. 36 M.R.S.A. § 655(1)(B). Where equipment inventory is in the taxpayer’s possession and is available for both sale and rental on the assessment date, it is tax-exempt. See Eagle Rental, 632 A.2d at 131. Handyman and Kennebec were not required to list that portion of their inventories that was for sale and in their possession on April 1 of the relevant tax years. Thus, they satisfied the requirements of the first three paragraphs of section 706. See Town of Embden v. Madison Water Dist., 1998 ME 154, ¶5, 713 A.2d 328, 330 (noting that taxpayers are relieved of the necessity of filing a list before seeking an abatement if the subject property is exempt).

[¶ 8] The interpretation of the fourth paragraph of section 706 is disputed. It states: “The assessor ... may require the person furnishing the list to make oath to its truth ... and ... answer all proper inquiries as to the nature, situation and value of his property liable to be taxed in the State.” (Emphasis added.) If such inquiries are not answered, an “appeal” is barred. Portland submitted inquiries to Handyman and Ken-nebec, but Handyman and Kennebec claim that they do not have to answer any inquiries about their exempt property. They argue that the phrase “liable to be taxed” is the equivalent of “nonexempt.” Portland, on the other hand, argues that taxpayers are required to answer inquiries about both exempt and nonexempt property. In other words, Portland would have us exclude entirely the phrase “liable to be taxed” and interpret the statute as if it read: “The assessor ... may require the person furnishing the list ... to answer in writing all proper inquiries as to the nature, situation and value of his property in the State .... ”

[¶ 9] It is an axiom of statutory interpretation that words must be given meaning and are not to be treated as meaningless and superfluous. “[I]t is well established that ‘[njothing in a statute may be [608]*608treated as surplusage if a reasonable construction supplying meaning and force is otherwise possible.”’ Struck v. Hackett, 668 A.2d 411, 417 (Me.1995) (quoting Labbe v. Nissen Corp., 404 A.2d 564, 567 (Me.1979)). The phrase “liable to taxation” must be given its meaning. This is particularly true here because the Legislature added that phrase specifically when it amended the predecessor to section 706 in 1881. See P.L. 1881, ch. 73, § 2 (“all proper inquiries in writing as to the nature, situation and value of his property liable to be taxed in this state”) (amending R.S. ch. 6, § 67 (1871) (“all proper inquiries in writing, as to the nature and situation of his property”)).

[¶ 10] “[Pjroperty liable to taxation” means property that is not exempt. Exempt property is not liable to taxation, while nonexempt property is liable to taxation. The word “liable” has a dictionary definition of “[b]ound or obliged in law or equity; responsible; answerable; as, the surety is liable for the debt of his principal.” WebsteR’s New INTERNATIONAL DICTIONARY 1423 (2d ed.1959); see also Black’s Law Dictionary 915 (6th ed.1990). When the phrase “property liable to be taxed” is viewed with the statute as a whole, the logical conclusion is that the phrase refers to nonexempt property.

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Handyman Equipment Rental Co. v. City of Portland
1999 ME 20 (Supreme Judicial Court of Maine, 1999)

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Bluebook (online)
1999 ME 20, 724 A.2d 605, 1999 Me. 20, 1999 Me. LEXIS 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/handyman-equipment-rental-co-v-city-of-portland-me-1999.