Guardian Life Insurance Co. of America v. Commonwealth

CRAIG, President Judge.

The Guardian Life Insurance Company of America (Guardian) appeals from an order of the Board of Finance and Revenue which refused Guardian’s petition for a refund of $139,310.00 in retaliatory tax paid for the calendar year 1985. Because our interpretation of the relevant statutes leads us to conclude that the Department of Revenue did not settle Guardian’s retaliatory “tax” in an untimely fashion, we affirm the board and deny Guardian’s refund request.

BACKGROUND

Both parties agreed to a Stipulation of Facts on October 4, 1991, which we adopt as our own findings of fact…