Turner v. Commissioner of Revenue

840 N.W.2d 205, 2013 WL 6492235, 2013 Minn. LEXIS 746
CourtSupreme Court of Minnesota
DecidedDecember 11, 2013
DocketNo. A13-0927
StatusPublished
Cited by3 cases

This text of 840 N.W.2d 205 (Turner v. Commissioner of Revenue) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. Commissioner of Revenue, 840 N.W.2d 205, 2013 WL 6492235, 2013 Minn. LEXIS 746 (Mich. 2013).

Opinion

OPINION

LILLEHAUG, Justice.

Taxpayers Brian and Dawn Turner appeal the Minnesota Tax Court’s dismissal of their appeal from an order of the Com[207]*207missioner of Revenue (Commissioner). The tax court concluded that it lacked subject matter jurisdiction because the Turners’ appeal was untimely, as it was filed well after the 60-day deadline in Minn.Stat. § 271.06, subd. 2 (2012). The Turners argue that the statutory filing period did not begin to run when the order was issued because they did not consent to receive the order electronically and the Commissioner did not properly mail the order. Alternatively, the Turners argue that the methods by which the Commissioner sent the order violated their rights to due process under the United States and Minnesota Constitutions. Because the tax court did not commit clear error by rejecting the Turners’ factual challenge and the Commissioner did not violate the Turners’ due process rights, we affirm.

I.

On January 10, 2012, the Commissioner completed an audit of the Turners’ joint Minnesota income tax returns for tax years 2006 through 2009 and issued an order assessing $6,519.78 of additional taxes, penalties, and interest. That day, the revenue tax specialist responsible for the audit sent Brian Turner an e-mail with the subject line “Order of the Commissioner of Revenue[Secure].” The body of the e-mail informed Brian Turner of the existence of the order, summarized it, and advised of the possibility of appeal. The order itself was attached to the e-mail. The specialist sent the order electronically because Brian Turner, who was working in Saudi Arabia at the time, had recently advised him that “it would be best if any correspondence between you or your department and I be conducted electronically.”

Brian Turner acknowledges that he received the e-mail on January 10, 2012. But, he claims to have been unable to open the attachment containing the order. Though he “suspect[sj” that Saudi Arabia’s restrictions on internet use prevented him from opening the attachment, Brian Turner did not forward the e-mail to his wife. He returned to the United States exactly 60 days after receiving the e-mail. Six days later, on March 16, 2012, he tried to open the attachment. This time he succeeded.

The specialist claims that on January 10 or 11, 2012, he also sent the order by regular mail to the Turners’ home address in Minnesota, where Dawn Turner resided while her husband was abroad. Dawn Turner “received and monitored” the mail at the Turners’ home, but contends that a mailed copy of the order never arrived.

On May 8, 2012, 53 days after Brian Turner opened the e-mail attachment and 119 days after he received the e-mail, the Turners filed an appeal with the tax court. The Commissioner moved to dismiss on the ground that the tax court lacked subject matter jurisdiction over the appeal because it was untimely. Over the Turners’ opposition, the tax court granted the motion. The Turners sought review. We issued a writ of certiorari.

II.

We review orders of the tax court to determine-whether the tax court lacked jurisdiction, whether its decision was not justified by the evidence or did not conform to the law, and whether the tax court otherwise committed an error of law. Minn.Stat. § 271.10, subd.l (2012); see also, e.g., Langer v. Comm’r of Revenue, 773 N.W.2d 77, 80 (Minn.2009). As to jurisdiction, we “review the tax court’s factual findings for clear error” and its “legal determinations” — including constitutional determinations, see Stelzner v. Comm’r of Revenue, 621 N.W.2d 736, 740 (Minn.[208]*2082001) — “de novo.”1 Soyka v. Comm’r of Revenue, 834 N.W.2d 711, 713 (Minn.2013). Because the tax court is an administrative agency whose jurisdiction is defined by statute, see Minn.Stat. § 271.01, subd. 5 (2012); Giersdorf v. A & M Constr., Inc., 820 N.W.2d 16, 20 (Minn.2012), we have held that the “late filing of an appeal ... deprives that court of subject matter jurisdiction.” Hohmann v. Comm’r of Revenue, 781 N.W.2d 156, 156 (Minn.2010).

A.

The Turners argue that the tax court erred by concluding that their appeal was untimely. The Turners concede that the time for filing an appeal begins to run when an order is sent. The Turners also acknowledge that if the order was properly sent when the Commissioner sent it by email and claims to have sent it by regular mail, the time expired before they filed their appeal. See Minn.Stat. § 271.06, subd. 2. The Turners’ argument that their appeal is nevertheless timely rests on two factual assertions: (1) that they did not agree to conduct the audit electronically, so that sending the order by e-mail was insufficient, and (2) that the Commissioner did not properly mail the order to their home address, so that sending the order by mail was also insufficient. To prevail, the Turners must establish that the tax court’s findings to the contrary on both issues were clearly erroneous.

1.

An order of assessment “is sufficient” if “sent by electronic mail to the taxpayer’s last known electronic mailing address as provided for in section 325L.08.” Minn. Stat. § 270C.33, subd. 8 (2012). Section 325L.08 provides that “[i]f parties have agreed to conduct transactions by electronic means and a law requires a person to ... send ... information in writing to another person, the requirement is satisfied if the information is ... sent ... in an electronic record capable of retention by the recipient at the time of receipt.” Minn.Stat. § 325L.08(a) (2012).'

The Turners argue that an agreement to receive an order electronically must be explicit. Nothing in the statute imposes such a requirement. Section 325L.08 requires only that the “parties have agreed to conduct transactions by electronic means,” id., and agreement means “the bargain of the parties” and can be inferred from the circumstances, Minn. Stat. § 325L.02(a) (2012). Brian Turner twice asked the specialist to communicate with him by e-mail — the second time only days before the Commissioner issued the order — and corresponded with the specialist electronically for several months. The tax court’s finding that Brian Turner agreed to conduct the audit by electronic means, as required under section 325L.08(a), was not clearly erroneous because it was “reasonably supported by the evidence as a whole,” Cont’l Retail, LLC v. Cnty. of Hennepin, 801 N.W.2d 395, 398 (Minn.2011).

The Turners make two other arguments on this point, but both lack statutory sup[209]*209port. That Dawn Turner did not separately agree to conduct the audit electronically is undisputed but irrelevant. “If a joint income tax return is filed by a husband and wife, an order of assessment may be a single joint notice.” Minn.Stat. § 289A.37, subd. 6 (2012) (emphasis added). The Commissioner must send a separate notice only if a spouse changes addresses and requests it, id., which neither Brian nor Dawn Turner did.

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Bluebook (online)
840 N.W.2d 205, 2013 WL 6492235, 2013 Minn. LEXIS 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-commissioner-of-revenue-minn-2013.