Citibank, N.A. v. S.D. Dep’t of Revenue

July 30, 2015 by Justia

In 2012, Citibank, Inc. filed with the South Dakota Department of Revenue a request for a refund of bank franchise taxes paid for the tax years 1999, 2000, 2001, and 2002. The Department denied the tax refund claim, concluding that the refund claim was filed after the three-year statute of limitations had expired pursuant to S.D. Codified Laws 10-59-19. Citibank requested an administrative hearing before the Office of Hearing Examiners (OHE). OHE dismissed the case for lack of jurisdiction, finding that the refund claim was time-barred by the three-year statute of limitations. The Supreme Court affirmed, holding that Citibank’s 2012 request for a refund of bank franchise taxes was time-barred by section 10-59-19 and, furthermore, equitable tolling was not available to Citibank in this case. View "Citibank, N.A. v. S.D. Dep’t of Revenue" on Justia Law