Legal Opinion

Commissioner of Revenue, Relator v. Dahmes Stainless, Inc.

Supreme Court of Minnesota

Decided August 31, 2016No. A15-1920PublishedCited by 1 opinion

1Opinion of the Court

OPINION

ANDERSON, Justice.

Relator Commissioner of Revenue challenges the tax court’s award of attorney fees to respondent Dahmes Stainless, Inc. (Dahmes) under the Minnesota Equal Access to Justice Act (MEAJA). Minn.Stat. §§ 15.471-.474 (2014). The two issues presented are whether Dahmes’s MEAJA application for attorney fees was timely filed under Minn.Stat. § 15.472(b) and whether the tax court abused its discretion by awarding attorney fees to Dahmes based on its determination that the Commissioner’s position was not “substantially justified” -under Minn.Stat. § 15.472(a). We affirm the tax…

2Cases cited14 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. City of North Oaks v. SarpalSupreme Court of Minnesota · 2011
  3. Goodyear Tire & Rubber Co. v. Dynamic Air, Inc.Supreme Court of Minnesota · 2005
  4. Billion v. Commissioner of RevenueSupreme Court of Minnesota · 2013
  5. Abex Corporation v. Commissioner of TaxationSupreme Court of Minnesota · 1973

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3Cited by1 opinion

  1. Andrea L. Dammann v. Progressive Direct InsuranceCourt of Appeals for the Eighth Circuit · 2017

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