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Citibank, N.A. v. South Dakota Department of Revenue

Supreme Court of South Dakota

July 29, 2015

CITIBANK, N.A., Appellant,
v.
SOUTH DAKOTA DEPARTMENT OF REVENUE, Appellee

Argued: January 14, 2015.

Page 382

APPEAL FROM THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT MINNEHAHA COUNTY, SOUTH DAKOTA. THE HONORABLE SUSAN M. SABERS, Judge.

Affirmed.

THOMAS J. WELK, JASON R. SUTTON of Boyce Law Firm, L.L.P, Sioux Falls, South Dakota; DAVID L. ZIMBECK, Sioux Falls, South Dakota, Attorneys for appellant.

ANDREW L. FERGEL, STACY R. HEGGE of South Dakota Department of Revenue, Pierre, South Dakota, Attorneys for appellee.

WILBUR, Justice. GILBERTSON, Chief Justice, and ZINTER and SEVERSON, Justices, and KONENKAMP, Retired Justice, concur. KERN, Justice, not having been a member of the Court at the time this action was assigned to the Court, did not participate.

OPINION

Page 383

WILBUR, Justice

[¶1] Citibank, Inc. (" Citibank" ) filed a tax refund claim with the South Dakota Department of Revenue in 2012 requesting a return of a portion of bank franchise taxes paid for the tax years 1999, 2000, 2001, and 2002. The Department of Revenue denied the tax refund claim. Citibank requested a hearing with the Office of Hearing Examiners (" OHE" ). OHE found that the refund claim was timebarred by the three-year statute of limitations contained in SDCL 10-59-19. Consequently, OHE dismissed the case for lack of jurisdiction. The circuit court affirmed OHE. Citibank appeals. We affirm.

Background

[¶2] Citibank[1] timely filed United States federal income tax returns with the

Page 384

Internal Revenue Service (the " IRS" ) on behalf of itself and its consolidated group for each of the following taxable years: 1999, 2000, 2001, and 2002 (the " Federal Tax Returns" ). Citibank also timely filed bank franchise tax returns with the South Dakota Department of Revenue (the " Department" ) for the same years. The IRS subsequently conducted an audit of the Federal Tax Returns. During the course of the audit, Citibank requested a reduction in its taxable income for the taxable years 1999 and 2000. Citibank made this request because it changed its method of accounting beginning with the 2001 tax year.[2] Citibank's application of the new accounting method resulted in the double reporting of interchange fees that were previously reported on its 1999 and 2000 tax returns. The IRS and Citibank agreed to extend the federal statutory period of limitations for auditing the Federal Tax Returns to June 30, 2012, for assessments, and December 31, 2012, for claims for refunds. As part of ...


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