Legal Opinion

Ford Motor Company v. Department of Treasury

Michigan Supreme Court

Decided June 26, 2014No. Docket 146962PublishedCited by 14 opinions

1Opinion of the CourtCavanagh, J.

In this case, we must determine what actions a taxpayer must take under MCL 205.30 of the Revenue Act to trigger the accrual of interest on a tax refund. We hold that in order to trigger the accrual of interest, the plain language of the statute requires a taxpayer to (1) pay the disputed tax, (2) make a “claim” or “petition” for a refund, and (3) “file” the claim or *386petition. Although a “claim” or “petition” need not take any specific form, it must clearly demand, request, or assert a right to a refund of tax payments made to the Department of Treasury that the taxpayer asserts are not due.…

2Cases cited9 opinions

  1. Sun Valley Foods Co. v. WardMichigan Supreme Court · 1999
  2. Klooster v. City of CharlevoixMichigan Supreme Court · 2011
  3. City of Detroit v. Ambassador Bridge Co.Michigan Supreme Court · 2008
  4. Tad Malpass v. Department of TreasuryMichigan Supreme Court · 2013
  5. Ford Motor Co. v. Department of TreasuryMichigan Court of Appeals · 2010

4 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Heather Lynn Hannay v. Department of TransportationMichigan Supreme Court · 2014
  2. Tomra of North America Inc v. Department of TreasuryMichigan Court of Appeals · 2018
  3. Midamerican Energy Company v. Department of TreasuryMichigan Court of Appeals · 2014
  4. Ford Motor Company v. Department of TreasuryMichigan Court of Appeals · 2015
  5. Garfield Mart Inc v. Department of TreasuryMichigan Court of Appeals · 2017

9 more not listed; retrieve them via the Exa API.

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