Meridian Gold Co. v. State Ex Rel. Department of Taxation

81 P.3d 516, 119 Nev. 630, 119 Nev. Adv. Rep. 65, 2003 Nev. LEXIS 84
CourtNevada Supreme Court
DecidedDecember 30, 2003
Docket39596
StatusPublished
Cited by26 cases

This text of 81 P.3d 516 (Meridian Gold Co. v. State Ex Rel. Department of Taxation) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meridian Gold Co. v. State Ex Rel. Department of Taxation, 81 P.3d 516, 119 Nev. 630, 119 Nev. Adv. Rep. 65, 2003 Nev. LEXIS 84 (Neb. 2003).

Opinions

OPINION

By the Court,

Gibbons, J.:

This is an appeal from a judgment of the district court affirming a Nevada Department of Taxation tax deficiency determination. The Nevada Tax Commission originally granted appellant Meridian Gold Company’s application to use an accelerated depreciation schedule based on Meridian’s assertion that it was closing its mine. The Commission later revoked the accelerated depreciation grant because Meridian continued to produce gold through cyanide heap leaching after the closure date. The Commission assessed Meridian $860,628.57 in taxes because Meridian failed to terminate its mining operations. Meridian argues that the district court erred in affirming the Commission’s decision to uphold the tax deficiency. To resolve this issue, we must analyze the meaning of a “mining operation” under NAC 362.160, which requires mining operators using accelerated depreciation schedules to pay additional taxes if they do not cease their mining operations.

We conclude that the plain meaning of the phrase “mining operation” includes extracting precious metals from earth. Thus, [632]*632cyanide heap leaching is a mining operation, and the district court did not err in affirming the requirement that Meridian pay additional taxes.

FACTS

Meridian is a mining company that operated Paradise Peak Mine. On March 7, 1991, Meridian applied for accelerated depreciation of its assets under NAC 362.100 to 362.160, which allow mining operators to accelerate their assets’ depreciation if mining operations cease. On several occasions, Meridian represented to the Commission that it would close the mine in mid-1993. Based on Meridian’s representations, the Commission granted Meridian accelerated depreciation of all its leasehold improvements and fixed equipment over a three-year period from 1990 to 1993.

In 1993, Meridian laid off most of its mine employees and shut down its mill. However, from mid-1993 until 1995, Meridian produced 45,000 or 47,000 ounces of gold through heap leach pads at the site. Discovering that Meridian continued to extract gold after mid-1993, when Meridian reported that the mine would close, the Commission imposed additional taxes, penalties, and interest on Meridian. The total assessed tax was $1,257,993.75.2

Meridian appealed the Commission’s decision through the tax agency. After considering the evidence and conducting a hearing, the hearing officer decided in the Commission’s favor and upheld the tax imposition. The Commission eventually waived the interest and penalties. Then Meridian unsuccessfully appealed the hearing officer’s decision and ultimately filed a petition for judicial review.

The district court remanded the case to the Commission to determine the definition of “mine closure” under NAC 362.160. The Commission responded as follows:

Mine closure for purposes of the accelerated depreciation contemplated in NAC 362.160 is the cessation of operations of the mine. Cessation of operations contemplates no further production of minerals through operation, reduction, beneficiation or any other treatment used by the mine operator .... The production and reporting of any amount of gold (minerals) after the stated date of mine closure is inconsistent with the cessation of operation of a mine.

The Commission also stated that the definition was to apply only to Meridian and not to any other taxpayer. The district court adopted the Commission’s definition and upheld the deficiency tax.

[633]*633 DISCUSSION

Meridian’s main argument on appeal is that the Commission’s decision to revoke the accelerated depreciation schedule was arbitrary and capricious. When we review an administrative decision, we must “ ‘review the evidence presented to the agency in order to determine whether the agency’s decision was arbitrary or capricious and was thus an abuse of the agency’s discretion.’ ’ ’3 An abuse of discretion occurs when the decision is not supported by substantial evidence.4 “Substantial evidence is that which ‘a reasonable mind might accept as adequate to support a conclusion.’ ’ ’5

Mine closure

Meridian argues that NAC 362.100 to 362.160 should be construed in Meridian’s favor because they contain no definition for “mine closure.” According to Meridian, it understood “mine closure” not to include cyanide heap leaching for purposes of receiving accelerated depreciation.

No specific definition of “mining operations” or “mine closure” exists in NAC 362.100 to 362.160. “ ‘The construction of a statute is a question of law subject to de novo review.’ ”6 We have stated that “words in a statute will generally be given their plain meaning, unless such a reading violates the spirit of the act, and when a statute is clear on its face, courts may not go beyond the statute’s language to consider legislative intent.”7 We have further held that “we must construe statutory language to avoid absurd or unreasonable results.”8 Rules of statutory construction apply to administrative regulations.9

NAC 362.160 states in part that

[634]*634[i]f a mining operator who has been allowed to depreciate assets using the accelerated method fails to cease operations on the date of closure specified in the notice required by NAC 362.100 or at any time reopens the mining operation, he shall. . . [p]ay to the department within 30 days after demand the difference between the net proceeds taxes using the straight-line method of depreciation over a 20-year period and the amount paid using the accelerated method for any year in which the accelerated method was used.

(Emphases added.) We determine the question to be: what is the plain meaning of “operations” or “mining operation”?

Mining is “the process or business of working mines.”10 This definition suggests that if the action performed is part of the process or business of working mines, it must be a part of mining. Another definition of mining is “[t]he process or business of extracting from the earth the precious or valuable metals, either in their native state or in their ores.”11 Under the definition, extracting gold from earth is mining. The American Law of Mining also considers heap leaching to be mining because it explains the process under the heading “Basic Mining Technology.”12

We must understand what heap leaching is to determine whether it is within the regulation’s plain meaning. Cyanide heap leaching is a method of extracting precious metals from previously extracted ore. The process involves moving large quantities of ore onto a huge pad where cyanide placed over the ore removes the precious metals over a period of time. In the instant case, approximately .03 ounces of gold were within each ton of ore. After almost two years and moving about three billion pounds of ore, Meridian extracted 45,000 or 47,000 ounces of gold. This is the only process in which Meridian engaged from 1993 to 1995.

Traditional mining involves drilling into the earth and extracting precious metals. It differs from heap leaching in two significant ways.

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Meridian Gold Co. v. State Ex Rel. Department of Taxation
81 P.3d 516 (Nevada Supreme Court, 2003)

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Bluebook (online)
81 P.3d 516, 119 Nev. 630, 119 Nev. Adv. Rep. 65, 2003 Nev. LEXIS 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meridian-gold-co-v-state-ex-rel-department-of-taxation-nev-2003.