Legal Opinion

Benoit v. Commissioner of Revenue

Supreme Court of Minnesota

Decided March 30, 1990No. C7-89-69PublishedCited by 11 opinions

1Opinion of the Court

WAHL, Justice.

The Minnesota Commissioner of Revenue appeals a Minnesota Tax Court judgment for respondent Louis Benoit. The tax court held that due to the assertion of financial control over Benoit, Inc., by a secured creditor, respondent, the sole shareholder and director of Benoit, Inc., was not an “employer” within the meaning of Minn.Stat. § 290.92, subd. 1(4) (1988), or a “person” within the meaning of Minn. Stat. § 297A.01, subd. 2 (1988), such that he could be personally liable to the state for unpaid withholding and sales taxes owing by the corporation. We reverse.’

In March 1986, the…

2Cases cited11 opinions

  1. Roland J. Kalb v. United States of America, and Third-Party v.jerome L. Herold, Third-PartyCourt of Appeals for the Second Circuit · 1974
  2. Ware v. Chicago & North Western Railway Co.District Court, W.D. Pennsylvania · 1975
  3. Amos I. Maggy v. United States of AmericaCourt of Appeals for the Ninth Circuit · 1977
  4. Nagaraja v. Commissioner of RevenueSupreme Court of Minnesota · 1984
  5. Brandt-Airflex Corp. v. Long Island Trust Co. (In Re Brandt-Airflex Corp.)United States Bankruptcy Court, E.D. New York · 1987

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

3Cited by11 opinions

  1. Lucius v. City of MemphisTennessee Supreme Court · 1996
  2. Schmehl v. HeltonWest Virginia Supreme Court · 2008
  3. St. Paul Fire & Marine Insurance Co. v. BriggsCourt of Appeals of Minnesota · 1990
  4. Carlson v. Commissioner of RevenueSupreme Court of Minnesota · 1994
  5. Krech v. Commissioner of RevenueSupreme Court of Minnesota · 1997

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

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