Proposed Assessments of Additional Sales v. Jefferson-Pilot Life Insurance Co.

589 S.E.2d 179, 161 N.C. App. 558, 2003 N.C. App. LEXIS 2274
CourtCourt of Appeals of North Carolina
DecidedDecember 16, 2003
DocketCOA02-1591
StatusPublished
Cited by46 cases

This text of 589 S.E.2d 179 (Proposed Assessments of Additional Sales v. Jefferson-Pilot Life Insurance Co.) 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
Proposed Assessments of Additional Sales v. Jefferson-Pilot Life Insurance Co., 589 S.E.2d 179, 161 N.C. App. 558, 2003 N.C. App. LEXIS 2274 (N.C. Ct. App. 2003).

Opinions

LEVINSON, Judge.

Respondent appeals from a judgment reversing Administrative Decision No. 361 of the Tax Review Board and ruling that respondent is liable for the disputed local use tax. We affirm.

[559]*559The relevant facts are not disputed, and may be briefly summarized as follows: Jefferson-Pilot Life Insurance Company is engaged in business as an insurance company and paid gross premiums tax pursuant to Article 8B of Chapter 105 of the North Carolina General Statutes between 1 January 1994 and 30 November 1996 (“the relevant period”). When Jefferson-Pilot made purchases within this State, the company paid state and local sales tax on those purchases pursuant to Articles 5, 39, 40, and 42 of Chapter 105 of the North Carolina General Statutes.

During the relevant period, Jefferson-Pilot purchased tangible personal property outside of this State for storage, use, or consumption in this State. The company did not pay state or local use tax with respect to these purchases. The Department of Revenue issued a proposed notice of tax assessment against Jefferson-Pilot for state and local use taxes for the period of 1 January 1994 through 30 November 1996. Jefferson-Pilot paid the State use tax, but contested liability for local use tax on the ground that N.C.G.S. § 105-228.10, as it existed at the time of the proposed assessment, prohibited the assessment of local use taxes against insurance companies. The Assistant Secretary sustained the proposed assessment. On appeal, the Tax Review Board reversed, ruling against the proposed assessment. The State petitioned for review in superior court; the trial court reversed the Tax Review Board and ruled that Jefferson-Pilot is liable for the proposed use tax.

Jefferson-Pilot now appeals, contending that the trial court misconstrued the following statutory provision:

No county, city, or town shall be allowed to impose any additional tax, license, or fee, other than ad valorem taxes, upon any insurance company or association paying the [gross premiums tax on insurers].

N.C.G.S. § 105-228.10 (1997) (amended 1998). Jefferson-Pilot insists that the plain language of this statute prohibited local use taxes from being assessed against insurance companies. Thus, the central issue in this case is the meaning of the pre-1998 version of G.S. § 105-228.10.

Questions of statutory interpretation are questions of law, which are reviewed de novo by an appellate court. Dare County Bd. of Educ. v. Sakaria, 127 N.C. App. 585, 588, 492 S.E.2d 369, 371 (1997). In conducting this review, we are guided by the following principles of statutory construction.

[560]*560The paramount objective of statutory interpretation is to give effect to the intent of the legislature. Polaroid Corp. v. Offerman, 349 N.C. 290, 297, 507 S.E.2d 284, 290 (1998). The primary indicator of legislative intent is statutory language; the judiciary must give “clear and unambiguous” language its “plain and definite meaning.” Begley v. Employment Sec. Comm’n, 50 N.C. App. 432, 436, 274 S.E.2d 370, 373 (1981). However, strict literalism will not be applied to the point of producing “absurd results.” Taylor v. Crisp, 286 N.C. 488, 496, 212 S.E.2d 381, 386 (1975).

When the plain language of a statute proves unrevealing, a court may look to other indicia of legislative will, including: “the purposes appearing from the statute taken as a whole, the phraseology, the words ordinary or technical, the law as it prevailed before the statute, the mischief to be remedied, the remedy, the end to be accomplished, statutes in pari materia, the preamble, the title, and other like means[.]” State v. Green, 348 N.C. 588, 596, 502 S.E.2d 819, 824 (1998) (citation omitted). The intent of the General Assembly may also be gleaned from legislative history. Lenox, Inc. v. Tolson, 353 N.C. 659, 664, 548 S.E.2d 513, 517 (2001). Likewise, “[l]ater statutory amendments provide useful evidence of the legislative intent guiding the prior version of the statute.” Wells v. Consol. Judicial Ret. Sys., 354 N.C. 313, 318, 553 S.E.2d 877, 880 (2001).

Statutory provisions must be read in context: “Parts of the same statute dealing with the same subject matter must be considered and interpreted as a whole.” State ex rel. Comm’r of Ins. v. N.C. Auto. Rate Admin. Office, 294 N.C. 60, 66, 241 S.E.2d 324, 328 (1978). “Statutes dealing with the same subject matter must be construed in pari materia, as together constituting one law, and harmonized to give effect to each.” Williams v. Williams, 299 N.C. 174, 180-81, 261 S.E.2d 849, 844 (1980) (internal citations omitted).

Tax statutes “are to be strictly construed against the State and in favor of the taxpayer.” Watson Industries, Inc. v. Shaw, 235 N.C. 203, 211, 69 S.E.2d 505, 511 (1952). In arriving at the true meaning of a taxation statute, the provision in question must be considered in its appropriate context within the Revenue Act. See Insurance Co. v. Stedman, 130 N.C. 221, 223, 41 S.E. 279, 280 (1902) (“Taking all the [relevant] sections of the Revenue Act of 1901 together” to arrive at an interpretation of a section of the act). The interpretation of a revenue law adopted by the agency charged with its enforcement is a significant aid to judicial interpretation of the same provision; however, “[u]nder no circumstances will the courts follow an administrative [561]*561interpretation in direct conflict with the clear intent and purpose of the act under consideration.” Watson Industries, Inc., 235 N.C. at 211, 69 S.E.2d at 511.

We turn now to application of these principles to the present case, which requires our examination of the statutory provisions governing the taxes at issue: (1) the local use tax, and (2) the gross premiums tax on insurance companies.

The use tax is an excise tax which is the counterpart of the sales tax. See Johnston v. Gill, 224 N.C. 638, 643-44, 32 S.E.2d 30, 33 (1944) (discussing the State use tax). N.C.G.S. § 105-467 (2003) authorizes local governments in this State to levy a sales tax on certain purchases. N.C.G.S. § 105-468 (2003) authorizes local governments to charge a use tax on “[an] item or article of tangible personal property that is not sold in the taxing county but is used, consumed, or stored for use or consumption in the taxing county.” G.S. § 105-468 explicitly provides that “[t]he [use] tax applies to the same items that are subject to [sales] tax under G.S. [§] 105-467.” The use tax is designed to prevent unfair competition, which may result where a purchaser can evade the local sales tax by purchasing in a locality which does not charge sales tax and then make use of the purchased property in a locality which does charge the sales tax.

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589 S.E.2d 179, 161 N.C. App. 558, 2003 N.C. App. LEXIS 2274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proposed-assessments-of-additional-sales-v-jefferson-pilot-life-insurance-ncctapp-2003.