State Department of Taxation v. Masco Builder Cabinet Group

OPINION

By the Court,

Hardesty, J.:

In 2011, this court affirmed a district court order granting respondent Masco Builder Cabinet Group a tax refund for overpaid taxes. Thereafter, appellant State of Nevada Department of Taxation refused to pay interest on Masco’s tax refirnd, arguing that (1) Masco failed to demand interest in its initial refund claim, thus waiving its right to interest; and (2) NRS 372.665 permits the Department to withhold interest on tax refunds owed due to the taxpayer’s intentional or careless overpayment, and because no determination as to the applicability of that…