Mississippi Department of Revenue v. Pikco Finance, Inc.

CARLSON, Presiding Justice,

for the Court:

¶ 1. The Mississippi Department of Revenue (MDOR) issued a subpoena to Pikco Finance, Inc. (Pikco), requesting documentation pertaining to Pikco’s nonpayment of finance company privilege taxes. Pikco filed a petition to quash the subpoena on the basis that MDOR’s ability to audit and tax under Mississippi’s Finance Company Privilege Tax law was preempted by the National Bank Act. The circuit court granted Pikco’s petition to quash, and MDOR appealed. The issue on appeal is whether MDOR’s use of its statutory subpoena power in administration of the…