State, Department of Revenue, Permanent Fund Dividend Division v. Wilder

929 P.2d 1280, 1997 Alas. LEXIS 3
CourtAlaska Supreme Court
DecidedJanuary 10, 1997
DocketNo. S-7187
StatusPublished
Cited by1 cases

This text of 929 P.2d 1280 (State, Department of Revenue, Permanent Fund Dividend Division v. Wilder) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State, Department of Revenue, Permanent Fund Dividend Division v. Wilder, 929 P.2d 1280, 1997 Alas. LEXIS 3 (Ala. 1997).

Opinion

OPINION

COMPTON, Chief Justice.

I. INTRODUCTION

The Department of Revenue (Department) appeals the superior court’s reversal of a [1281]*1281Department decision denying a number of permanent fund dividend (PFD) applications filed by members of the Wilder family. We reverse.

II. FACTS AND PROCEEDINGS

Harlan Wilder has been an officer in the Judge Advocate General Department of the United States Air Force since 1972. In 1975 he requested and was granted a transfer from Washington State to Alaska. Wilder arrived in Anchorage in October 1975. He was joined shortly thereafter by.'his wife Carolyn and their two children, Allison and Stephanie. While in Alaska Wilder became a member of the Alaska Bar Association, obtained an Alaska driver’s license, opened Alaska bank accounts, registered to vote as an Alaskan, and obtained Alaska motor vehicle registrations. The Wilders also bought a house and an interest in a lot in Anchorage.

In 1980 Wilder was transferred to Alabama, and his family relocated with him. Between 1980 and 1991 the Wilder family relocated four times, as Wilder rose through the ranks to the grade of colonel. During that time Wilder maintained his motor vehicle registrations in Alaska, renewed his Alaska driver’s license, and maintained his membership in the Alaska Bar Association. The Wilders sold their Anchorage house in 1980 but retained their interest in the Anchorage lot. Wilder’s Alaska voter’s registration lapsed in the mid-1980s, but he renewed it in 1989. The Wilders returned to Alaska only in June 1989. Their visit lasted less than one week.1

Wilder, his wife, and their two children received PFDs from 1980 through 1991. In 1982 the Wilders had a third child, Andrew. The Wilders applied for PFDs on his behalf. Andrew received such benefits until 1989.2

In 1992 the Department issued notices of denial for the Wilders’ 1989, 1990, and 1991 PFD applications.3 After a formal hearing, a Department hearing officer affirmed the denials, concluding that the Wilders had not carried the burden of demonstrating that when they filed their 1989, 1990 and 1991 PFD applications, they were Alaska residents with the intent to return to and remain in Alaska permanently. The hearing officer found that the Wilders had only demonstrated an intent to “remain eligible for PFDs.”

The superior court reversed the Department’s decision, commenting:

The great weight of evidence confirms Colonel Wilder’s intent to return to Alaska permanently. It is difficult to see what more he could have done to demonstrate his intent. His maintenance of active bar membership and personal contacts in Alaska is highly probative. The final decision [of the Department] is not supported by substantial evidence in the record as a whole.

The Department appeals.

III. DISCUSSION

A. Standard of Review

This court gives no weight to the superior court’s decision when the superior court acts as an intermediate appellate court. State, Dep’t of Revenue v. Bradley, 896 P.2d 237, 238 n. 2 (Alaska 1995). We review the Department’s finding that the Wilders did not have the necessary intent to return and to remain permanently in Alaska under the substantial evidence standard. See, e.g., Tinker v. Veco, Inc., 913 P.2d 488, 492 (Alaska 1996) (agency findings reviewed under substantial evidence standard). Substantial evidence is “such relevant evidence as a rea[1282]*1282sonable mind might accept as adequate to support a conclusion.” Id. (quoting Fireman’s Fund American Ins. Cos. v. Gomes, 544 P.2d 1013, 1015 (1976)). However, “the ultimate question of whether the .quantum of evidence is itself substantial is a legal question, for which the court will independently review the evidence.” Id.

i

B. Wilder Failed to Prove His Intent to Return and to Remain Permanently in Alaska.

To be eligible for a PFD, an individual must be a state resident on the date of application. AS 43.23.005(a)(2). During the relevant period, “state resident” was defined as “an individual who is physically present in the state with the intent to remain permanently or, if not physically present, intends to return to the state and is absent only for [certain enumerated] reasons.” AS 43.23.095(8)(amended 1992).4 Military service is one of the enumerated reasons. AS 43.23.095(8)(C). Individuals absent from the state for allowable reasons must demonstrate at all times during their absence an intent to return to and to remain in Alaska permanently. 15 AAC 23.163(f).5 Absences exceeding five years result in presumptive ineligibility. Id. Thus, when Wilder applied for PFDs in 1989-91, presumptively he was no longer a state resident as he had been absent for more than five years. Id. There is substantial evidence in the record to support the Department’s conclusion that Wilder failed to rebut this presumption.

The Department discounted what' it called Wilder’s “paper ties” to Alaska. These ties, including Alaska motor vehicle registration, Alaska voter registration, Alaska driver’s license, and membership in the Alaska Bar Association, are .entitled to some weight. However, , they are not conclusive evidence on the issue of intent to return to Alaska. Sound policy requires more than such “paper ties” to establish eligibility for PFDs. See State, Dep’t of Revenue v. Cosio, 858 P.2d 621, 625 (Alaska 1993) (“The objective of AS 43.23.095(8) [defining state resident] is to limit payment of dividends to permanent residents.”); see also Brodigan v. State, Dep’t of Revenue, 900 P.2d 728, 733 n. 12 (Alaska 1995) (“[T]he residency requirement[s] for PFD eligibility may differ from other residency requirements.”).

The Department correctly placed significance on the fact that Wilder returned to Alaska only once between 1980 and 1992. Wilder testified that “it isn’t worth it to come back for no apparent reason than to just touch base with the State of Alaska.” Bringing a family of five to Alaska involves significant expense. Nevertheless, as the Department noted, “individuals who profess residency in a state can be expected to return to that state from time to time.” Wilder asserts that he cannot afford to “throw away 4, 5, $6,000 every couple of months to come back to Alaska.” Wilder need not come back “every couple of months” to prove an intent to return. At the same time, one short visit in a twelve-year period strongly militates against his residency claim.

[1283]*1283The Department also based its decision on Wilder’s failure to request reassignment to Alaska.

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Related

Anderson v. State, Department of Revenue
26 P.3d 1106 (Alaska Supreme Court, 2001)

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Bluebook (online)
929 P.2d 1280, 1997 Alas. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-department-of-revenue-permanent-fund-dividend-division-v-wilder-alaska-1997.