Sales Tax D. 1 LaFourche Par. v. EXP. BOAT CO.

500 So. 2d 364
CourtSupreme Court of Louisiana
DecidedJanuary 12, 1987
Docket86-C-0790
StatusPublished
Cited by37 cases

This text of 500 So. 2d 364 (Sales Tax D. 1 LaFourche Par. v. EXP. BOAT CO.) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sales Tax D. 1 LaFourche Par. v. EXP. BOAT CO., 500 So. 2d 364 (La. 1987).

Opinion

500 So.2d 364 (1987)

SALES TAX DISTRICT NO. 1 OF the PARISH OF LAFOURCHE, et al.
v.
EXPRESS BOAT COMPANY, INC.

No. 86-C-0790.

Supreme Court of Louisiana.

January 12, 1987.

*365 Robert L. Roland, Watson, Blanche, Wilson & Posner, Baton Rouge, for applicant.

William Porteous, III, Porteous, Hainkel, Johnson & Sarpy, New Orleans, for respondent.

CALOGERO, Justice.[*]

The Louisiana Sales and Use Tax statute[1] exempts, pertinent to this case, "materials and supplies purchased by the owners or operators of ships or vessels operating exclusively in foreign or interstate coastwise commerce where such materials and supplies are loaded upon the ship or vessel for use or consumption in the maintenance and operation thereof," "repair services performed upon ships or vessels operating exclusively in foreign or interstate coastwise commerce," and "the materials and supplies used in such repairs where such materials and supplies enter into and become a component part of such ships or vessels."[2]

*366 The principal issue in this case is whether these exemptions apply to the purchase by and vessel repair services performed for respondent, Express Boats, a corporation which operates a fleet of offshore supply vessels between Louisiana ports and points on the Outer Continental Shelf.[3]

The relators, Sales Tax District No. 1 of the Parish of Lafourche and the Lafourche Parish School Board (hereinafter referred to as the local taxing authorities), filed a rule for sales and use taxes against the respondent, Express Boat Co., Inc. The trial court ruled that Express Boat was entitled to an exemption from the sales taxes which the local taxing authorities sought to impose. The First Circuit Court of Appeal, adopting much of the trial court's language and reasoning, affirmed.

Under the authority granted by La. Const. art. 6, § 29 and La.R.S. 33:2737, the local taxing authorities each enacted sales and use tax ordinances "upon the sale at retail, the use, the lease or rental, the consumption, and the storage for use or consumption of tangible personal property and upon the sale of services." The two ordinances are identically numbered and each closely tracks the language found in the Louisiana Sales & Use Tax statute.

Each of the local sales ordinances contain a Section 3.01(6) relative to exemptions,[4] the language of which is nearly identical to the language of their counterpart, La.R.S. 47:305.1(B). Express Boat contends that the transactions which the local taxing authorities are attempting to tax come within the exemption provided by Section 3.01(6) of the local tax ordinances. The local taxing authorities on the other hand contend that, based on the regulations adopted by the Louisiana Department of Revenue and Taxation interpreting La.R.S. 47:305.1(B), the transactions are not exempt, but rather taxable.

La.R.S. 47:305.1(B) was added to the state sales tax law by 1959 La.Acts No. 51. Pursuant to the authority contained in that act, the Department of Revenue and Taxation promulgated certain regulations in connection with the statute,[5] the pertinent regulation in this case being Article 47:305.1. That article, interpreting La.R.S. 47:305.1 defines "commerce," "interstate coastwise commerce," and "foreign commerce" as follows:

Commerce means the transporting of goods or persons by ship or vessel.
Interstate coastwise commerce means commerce as defined herein from a point in one state to a point in another state. Commerce from a point in the State of Louisiana to an offshore area is not considered to be interstate commerce within the meaning of these regulations. (Emphasis added.)
Foreign commerce means commerce as defined herein from a point in a state *367 to a point in a foreign state. (Emphasis added.)

The trial judge described the activities of the respondent, Express Boat Company, as follows:

Express Boat Company operates a fleet of offshore supply vessels collectively known as The Cheramie Vessels. There are twenty-eight (28) or twenty-nine (29) vessels in the fleet and they range in length from eighty (80) feet to one hundred sixty (160') feet. The Cheramie Vessels sail from points in Louisiana and Texas to points on the outer continental shelf. They proceed from Venice, Grand Isle, Leeville, Dulac, Morgan City, Intracoastal City, Cameron, Galveston and Free Port to points on the outer continental shelf which are beyond three (3) miles off the coast of Louisiana. The voyages that the vessels go upon subject them to the inland rules of the road and to international rules of the road. The voyages which these vessels make into international waters have a duration of several days. Eventually the vessels return from points on the outer continental shelf to points in Louisiana and Texas. While sailing the high seas over the outer continental shelf the vessels support productions [sic] and drilling activity through the delivery and transfer of personnel and supplies to offshore drilling vessels and to platforms concerned with drilling and production of natural gas and oil from the federal domain located three (3) miles seaward of the coast line.
The vessels go eighty (80), ninety (90) or a hundred (100) miles into the sea on the outer continental shelf. On a typical voyage a Cheramie Vessel based at Leeville would transit Lafourche Parish waters on only five (5%) percent of its voyage.
The Cheramie Vessels navigate international waters adjacent to Louisiana and Texas. They encounter ships of foreign nations since their courses must take them through the international trade routes having their terminal at the mouth of the Mississippi River, the buoys at L.O.O.P., and Galveston and Houston, Texas. They carry the American flag and are vessels of the United States.

As stated earlier the local sales and use tax ordinances, tracking Louisiana Sales and Use tax statute, establish the exemption described hereinabove relative to vessels engaged "exclusively in foreign or interstate coastwise commerce." The meaning of the term foreign or interstate coastwise commerce governs disposition of this case. Express Boat asserts that its vessels are engaged in "foreign and interstate coastwise commerce" when they voyage out of Louisiana ports to points on the Outer Continental Shelf greater than three miles off the Louisiana coast.

Relying on the Department of Revenue and Taxation regulation (Article 47:305.1), which specifically defines foreign commerce as being merely from a point in a state to a point in a foreign state and defines interstate coastwise commerce as not being "commerce from a point in the State of Louisiana to an offshore area," the local taxing authorities argue that the exemptions created by La.R.S. 47:305.1(B) do not apply to the operations of the Express Boat Company and that accordingly sales and use taxes are due.

As pointed out by the lower courts, the Department of Revenue and Taxation regulation interpreting La.R.S. 47:305.1(B) was first promulgated following the enactment of that statute in 1959 (1959 La.Acts No. 51). The local sales tax ordinances were adopted in 1965 and 1980, some six and twenty-one years, respectively, after La.R.S. 47:305.1(B) was enacted.

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Bluebook (online)
500 So. 2d 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sales-tax-d-1-lafourche-par-v-exp-boat-co-la-1987.