Peoples State Bank Truman v. Triplett

OPINION

HANSON, Judge.

Respondent Bank commenced this action to recover a refund of unconstitutionally discriminatory corporate excise taxes. There is no dispute that Respondent Bank overpaid its lawful taxes. The question is whether it perfected its statutory claims for refund or, failing that, may pursue common law claims for unjust enrichment or breach of fiduciary duty. On appeal from an order denying their motion to dismiss, appellants State of Minnesota and Commissioner of Revenue challenge the district court’s jurisdiction to consider refunds for the net operating loss carryback or…