McFarland v. Justus

437 S.E.2d 668, 113 N.C. App. 107, 1993 N.C. App. LEXIS 1303
CourtCourt of Appeals of North Carolina
DecidedDecember 21, 1993
DocketNo. 9214SC635
StatusPublished
Cited by1 cases

This text of 437 S.E.2d 668 (McFarland v. Justus) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McFarland v. Justus, 437 S.E.2d 668, 113 N.C. App. 107, 1993 N.C. App. LEXIS 1303 (N.C. Ct. App. 1993).

Opinion

JOHNSON, Judge.

In 1984, plaintiffs W. A. McFarland and Blanche J. McFarland sold Fairntosh Farm for $3,902,154.00. They reported sale proceeds upon their 1984 federal income tax return, but did not disclose the sale on their North Carolina return for that year. On 23 July 1987 the federal government audited plaintiffs’ 1984 return and made two adjustments: (1) It reduced their net operating loss deduction from $1,727,665.90 to $1,361,934.83 ($365,731.07), and (2) assessed $165,296.00 in federal alternate minimum tax.

Afterwards the Internal Revenue Service (IRS) forwarded defendant, Secretary of Revenue Betsy Justus, a copy of its corrections, denominated “Income Tax Examination Changes.” Plaintiffs did not report the federal changes to defendant.

On 28 November 1989, defendant examined plaintiffs’ 1984 income tax return. Defendant’s audit report for tax year 1984 determined that gain from the sale of Fairntosh Farm was includible in plaintiffs’ 1984 net income, and proposed an assessment of $148,549.54 in tax, $62,390.81 in interest, and $37,137.39 in negligence penalties. Defendant’s audit report for tax year 1986 adjusted plaintiffs’ return by removing the gain from the 1984 sale of Fairntosh Farm.

Plaintiffs paid the assessment on 1 December 1989 and filed a claim for refund on 21 December 1989 on the basis that (1) the redetermination of their North Carolina income tax liability was [109]*109barred by the three year statute of limitations contained in North Carolina General Statutes § 105-241.1 (1989), and (2) the redetermined taxable income included the gain from the 1982 disposition which was erroneously reported on their 1984 return. By letter dated 23 April 1990, the Secretary of Revenue denied the claim for refund on the grounds: (1) that by reason of the IRS examination changes, the three year statute of limitations was extended under North Carolina General Statutes § 105-159 (1989), and (2) the auditor did not find any information to support their claim that the 1982 gain was erroneously reported on their 1984 return.

On 1 June 1990, plaintiffs filed this civil action for the refund of individual income taxes assessed for their 1984 tax year by the Secretary of Revenue. On 4 November 1991, Judge J. Milton Read heard the case without a jury. On 3 January 1992, Judge Read entered a judgment in which the trial court held that the IRS adjustments to plaintiffs’ net operating loss deduction and the imposition of federal alternative minimum tax as set forth in the IRS examination reports made North Carolina General Statutes § 105-159 applicable so as to extend the statute of limitations for assessment, and that plaintiffs had made no sales of real estate or farmland in 1982, so that the gain shown on their 1984 return was taxable income to them in 1984. Plaintiffs filed timely notice of appeal.

We note from the outset that the trial court incorrectly found that the federal adjustments constituted corrections to “taxable income.” Prior to 1989, a correction to “net income” triggered North Carolina General Statutes § 105-159. With the adoption of the Internal Revenue Code in 1989 as the predicate for North Carolina taxation, net income was changed to “taxable income.” 1989 N.C. Sess. Laws, ch. 728, s. 1.31. As plaintiffs’ tax return was filed in 1984, the trial court should have used the term “net income” instead of “taxable income” in reference to the adjustments made by the IRS.

When findings are actually antagonistic, inconsistent or contradictory such that the reviewing court cannot safely and accurately decide the question, the judgment cannot be affirmed. Spencer v. Spencer, 70 N.C. App. 159, 319 S.E.2d 636 (1984). We find the trial court’s reference to “taxable” rather than “net” income was technical, nonprejudicial error. The trial court’s error does not prevent this Court from accurately deciding the questions before us.

[110]*110We now turn to plaintiffs’ assignments of error. By plaintiffs’ first assignment of error, plaintiffs argue that the trial court erred in entering a judgment in favor of the Secretary of Revenue who dismissed the McFarlands’ action on the basis that the assessment of plaintiffs’ taxes were not barred by the statute of limitations. We disagree.

Specifically, plaintiffs contend the words “net income” should be “construed in accordance with the definition in North Carolina General Statutes § 105-140, that is, North Carolina gross income less the deductions set forth in the individual income tax division, so that North Carolina General Statutes § 105-159 extended the statute of limitations only if the adjustments made by the IRS would result in a change in the McFarlands’ North Carolina net income.” Defendant, however, contends that “net income” meant income computed for purposes of any federal tax assessed on the U.S. 1040 Individual Income Tax Return, regardless of whether it would result in a change in plaintiffs’ North Carolina net income.

North Carolina General Statutes § 105-1591 states in pertinent part:

If the amount of the net income for any year of any taxpayer under this Division, as reported or as reportable to the United States Treasury Department, is changed, corrected, or otherwise determined by the Commissioner of Internal Revenue or other officer of the United States of competent authority, such taxpayer, within two years after receipt of internal revenue agent’s report or supplemental report reflecting the corrected or determined net income shall make return under oath or affirmation to the Secretary of Revenue of such corrected, changed or determined net income. In making any assessment or refund under this section, the Secretary shall consider all facts or evidence brought to his [/her] attention, whether or not the same were considered or taken into account in the federal assessment or correction. If the taxpayer fails to notify the Secretary of Revenue of assessment of additional tax by the Commissioner of Internal Revenue, the statute of limitations shall not apply. The Secretary of Revenue shall there[111]*111upon proceed to determine, from such evidence as he [/she] may have brought to his [/her] attention or shall otherwise acquire, the correct net income of such taxpayer for the fiscal or calendar year, and if there shall be any additional tax due upon from such taxpayer the same shall be assessed and collected; and if there shall have been an overpayment of the tax the said Secretary shall, within 30 days after the final determination of the net income of such taxpayer, refund the amount of such excess: Provided, that any taxpayer who fails to comply with this section as to making report of such change as made by the federal government within the time specified shall be subject to all penalties as provided in G. S. 105-236, in case of additional tax due, and shall forfeit his [/her] rights to any refund due by reason of such change. . . . (Emphasis added.)

This statute imposes a positive duty upon taxpayers beyond the requirements as to their original return. Knitting Mills v. Gill, Comr. of Revenue, 228 N.C. 764, 47 S.E.2d 240 (1948).

In State v. Patton, 57 N.C. App. 702, 292 S.E.2d 172 (1982) and Knitting Mills, 228 N.C.

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Bluebook (online)
437 S.E.2d 668, 113 N.C. App. 107, 1993 N.C. App. LEXIS 1303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcfarland-v-justus-ncctapp-1993.