Westmoreland Resources Inc. v. Department of Revenue

¶1 Westmoreland Resources Inc. (WRI) appeals from the Order entered by the First Judicial District Court, Lewis and Clark County, Hon. Kathy Seeley presiding, determining that WRI may not deduct coal severance and gross proceeds taxes paid to the Crow Tribe (Tribe) to reduce the amount owing under Montana’s Resource Indemnity Trust and Ground Water Assessment Tax (RITT). We affirm and restate the issue as follows:

¶2 Did the District Court err by determining that WRI may not deduct taxes paid to the Tribe as “taxes paid on production” from the “contract sales price” when calculating the RITT?

FA…