From Six-Figure Tax Assessment to Six-Figure Refund
When a natural gas producer/wholesaler asked Bowles Rice to take over its representation (from another practitioner) in challenging a six-figure severance tax assessment, the originating Bowles Rice attorney – from the Energy group – brought in a member of the firm’s state tax controversy team and, together, they achieved not only a reversal of the assessment, but a six-figure refund for the client.
This outstanding outcome involved first a proactive and aggressive analysis of both the legal and economic circumstances of the case (hence, the refund claim), followed by careful preparation and presentation of evidence, including expert gas market testimony, at the evidentiary hearing before the State Tax Commissioner’s own hearing examiner. Despite an adverse ruling by the Commissioner’s examiner, because of the strong record made before him, the attorneys’ appeal to the Circuit Court, following briefing and effective oral argument, resulted in a complete reversal, overruling the assessment and granting the refund. The State did not seek an appeal, making the taxpayer’s victory final.