In Re the Appeal & Hearing for Clark

340 N.W.2d 189, 1983 S.D. LEXIS 426
CourtSouth Dakota Supreme Court
DecidedNovember 16, 1983
Docket13819
StatusPublished
Cited by4 cases

This text of 340 N.W.2d 189 (In Re the Appeal & Hearing for Clark) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Appeal & Hearing for Clark, 340 N.W.2d 189, 1983 S.D. LEXIS 426 (S.D. 1983).

Opinions

HENDERSON, Justice (on reassignment).

ACTION

Appellant, Robert Clark, appeals a circuit court order affirming a Department of Social Services’ (Department) decision denying appellant Clark subsidized energy payments under South Dakota’s Low Income Energy Assistance Program (LIEAP). We affirm.

FACTS

Appellant Clark farms in Sully County, South Dakota. Mrs. Clark is a nurse’s aide at Oahe Manor, Inc., and a part-time waitress. During December of 1980, appellant Clark applied to Department for LIEAP payments. Since LIEAP required verification of all income, appellant Clark’s 1979 income tax return was filed with the Department. The Clarks are homeowners whose 1979 joint income was approximately $30,589.00. Appellant Clark’s application for LIEAP energy assistance payments was denied based upon his farming gross profits of $23,904.91 reflected on his 1979 Federal Income Tax Return, Schedule F. The maximum gross income allowed in 1980 for energy assistance eligibility for a family the size of appellant Clark’s was $16,890.00.

Examining Mr. Clark’s 1979 tax return, we find the following “actual cash outlay” deductions: (1) Labor hired $487.41; (2) Repairs and maintenance $3,935.95; (3) Interest $6,099.84; (4) Rent of farm pasture $7,617.00; (5) Feed $3,040.59; (6) Seeds, plants purchased $1,957.90; (7) Fertilizers, lime, chemicals $95.50; (8) Machine hire $4,751.00; (9) Supplies $806.11; (10) Veterinary fees, medicine $327.57; (11) Gasoline, fuel, oil $6,111.09; (12) Taxes $2,345.53; (13) Insurance $2,891.59; (14) Utilities $605.32; (15) Freight, trucking $355.53; (16) Loss of five calves $1,000.00; and (17) Illegible entries totaling $407.50 ($10.00 of which appears to be for “box rent”). These “cash outlay items” total $42,835.43 and not the $37,797.43 figure reflected on Mr. [191]*191Clark’s Schedule F. Be that as it may, appellant Clark showed a gross profit of $23,904.91.

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Related

Americana Healthcare Center v. Randall
513 N.W.2d 566 (South Dakota Supreme Court, 1994)
In Re the Appeal & Hearing for Clark
340 N.W.2d 189 (South Dakota Supreme Court, 1983)

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Bluebook (online)
340 N.W.2d 189, 1983 S.D. LEXIS 426, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-hearing-for-clark-sd-1983.