Green Giant Co. v. Comm'r of Revenue, 534 N.W.2d 710 (Minn. 1995). · Go Syfert
Green Giant Co. v. Comm'r of Revenue, 534 N.W.2d 710 (Minn. 1995). Cases Citing This Book View Copy Cite
“we will not supply that which the legislature purposefully omits or inadvertently overlooks.”
48 citation events (24 in the last 25 years) across 5 distinct courts.
Strongest positive: Hutchinson Technology, Inc. v. Commissioner of Revenue (minn, 2005-06-09)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 31 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hutchinson Technology, Inc. v. Commissioner of Revenue (2×) also: Cited as authority (rule)
Minn. · 2005 · quote attribution · 1 verbatim quote · confidence high
we will not supply that which the legislature purposefully omits or inadvertently overlooks.
cited Cited as authority (rule) In re the Marriage of: Allan Roland Kilgore v. Ellen Lea Brockman, f/k/a Ellen Lea Kilgore, ...
unknown court · 2024 · confidence medium
“We will not supply that which the legislature purposefully omits or inadvertently overlooks.” Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn. 1995).
discussed Cited as authority (rule) Billion v. Commissioner of Revenue
Minn. · 2013 · confidence medium
As we have stated, when the “‘language of a[tax] statute is clear and unambiguous, the plain meaning of the statute controls.’ ” Amoco Corp. v. Comm’r of Revenue, 658 N.W.2d 859, 871-72 (Minn. 2003) (quoting Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995)).
cited Cited as authority (rule) In re the Welfare of M.K.
Minn. Ct. App. · 2011 · confidence medium
Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited as authority (rule) HMN Financial, Inc. v. Commissioner of Revenue
Minn. · 2010 · confidence medium
Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 711 (Minn.1995).
discussed Cited as authority (rule) State v. Jordan (2×)
Minn. · 2007 · confidence medium
Sports Facilities Commn. v. County of Hennepin, 561 N.W.2d 513, 516-17 (Minn.1997) (quoting Green Giant Co. v. Comm/r. of Revenue, 534 N.W.2d 710, 712 (Minn. 1995)).
cited Cited as authority (rule) Harris v. County of Hennepin
Minn. · 2004 · confidence medium
Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
discussed Cited as authority (rule) Vandenheuvel v. Wagner (2×)
Minn. Ct. App. · 2004 · confidence medium
Green Giant Co. v. Comm'r of Revenue, 534 N.W.2d 710, 712 (Minn. 1995).
discussed Cited as authority (rule) Amoco Corp. v. Commissioner of Revenue
Minn. · 2003 · confidence medium
Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995); Minn. Stat. § 645.16 (2002) (providing that courts shall not disregard the letter of the law *872 when a statute’s language is clear and unambiguous).
discussed Cited as authority (rule) Baughman v. Mellon Mortgage Co.
Minn. Ct. App. · 2001 · confidence medium
Moreover, we cannot read into Minn.Stat. § 47.20, subd. 9(g), the phrase, “Notwithstanding Minn.Stat. § 47.204 to the contrary” because we may not “supply [to a statute] that which the legislature purposefully omits or inadvertently overlooks.” Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited as authority (rule) State Farm Mutual Automobile Insurance Co. v. Thunder
Minn. Ct. App. · 2000 · confidence medium
Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
discussed Cited as authority (rule) Scott v. Forest Lake Chrysler-Plymouth-Dodge (2×)
Minn. Ct. App. · 1999 · confidence medium
We are not persuaded by the unpublished opinions cited by Forest Lake Chrysler because those opinions improperly applied the statutory presumption set forth in Minn.Stat. § 645.17(1) to construe a statute that is not ambiguous. “ ‘No room for judicial construction exists when the statute speaks for itself.’ ” Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995) (quoting Commissioner of Revenue v. Richardson, 302 N.W.2d 23, 26 (Minn.1981)).
discussed Cited as authority (rule) US SPRINT COMM. v. Commissioner of Rev.
Minn. · 1998 · confidence medium
Co., 538 N.W.2d at 911 (if a statute is free from ambiguity, courts look only at a statute's plain meaning). [9] See Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1994) (stating "[w]e will not supply that which the legislature purposefully omits or inadvertently overlooks"); State v. Moseng, 254 Minn. 263, 269 , 95 N.W.2d 6, 11-12 (1959) (where failure of expression, rather than ambiguity of expression, constitutes vice of statute, courts are not free to substitute amendment for construction, thereby supplying legislative omissions). [10] See Minn.Stat. § 297A.01, subd…
discussed Cited as authority (rule) U.S. Sprint Communications Co. v. Commissioner
Minn. · 1998 · confidence medium
See Green Giant Co: v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995) (stating ‘‘[w]e will not supply that which the legislature purposefully omits or inadvertently overlooks”); State v. Moseng, 254 Minn. 263, 269 , 95 N.W.2d 6, 11-12 (1959) (where failure of expression, rather than ambiguity of expression, constitutes vice of statute, courts are not free to substitute amendment for construction, thereby supplying legislative omissions). .
cited Cited as authority (rule) Haghighi v. Russian-American Broadcasting Co.
Minn. · 1998 · confidence medium
Green Giant Co. v. Comm'r of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited as authority (rule) Peterson v. Commissioner of Revenue
Minn. · 1997 · confidence medium
Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 711 (Minn.1995); Carlson, 517 N.W.2d at 51 .
discussed Cited as authority (rule) Guinness Import Co. v. Mark VII Distributors, Inc.
D. Minnesota · 1997 · confidence medium
Irie Enterprises, Inc., 530 N.W.2d 539, 543 (Minn.1995) (reciting the standards for statutory interpretation); Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995) (stating that when the statutory language is clear and unambiguous, courts must give effect to the plain meaning of the statute).
discussed Cited as authority (rule) Metropolitan Sports Facilities Commission v. County of Hennepin (2×)
Minn. · 1997 · confidence medium
It did not and, in keeping with our limited role relative to legislative enactments, we decline to read into the statute a provision the legislature "purposely omits or inadvertently *517 overlooks." Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995); (quoting Wallace v. Commissioner of Taxation, 289 Minn. 220, 230 , 184 N.W.2d 588, 594 (1971)).
cited Cited as authority (rule) F-D Oil Co. v. Commissioner of Revenue
Minn. · 1997 · confidence medium
Id,.; Green Giant v. Commissioner of Revenue, 534 N.W.2d 710, 711 (Minn.1995).
discussed Cited as authority (rule) United States v. Weldon B. Nelson Grace M. Nelson
8th Cir. · 1996 · confidence medium
The Minnesota Supreme Court has held that “[wjhere the statutory language is clear and unambiguous, courts must give effect to its plain meaning.” Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
discussed Cited as authority (rule) United States v. Weldon B. Nelson
8th Cir. · 1996 · confidence medium
The Minnesota Supreme Court has held that "[w]here the statutory language is clear and unambiguous, courts must give effect to its plain meaning." Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn. 1995).
cited Cited as authority (rule) 2600 University Inn, LLC v. City of Minneapolis
Minn. Ct. App. · 1996 · confidence medium
Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited as authority (rule) Joel v. Wellman
Minn. Ct. App. · 1996 · confidence medium
If a statute is clear and unambiguous on its face, we are obligated to “give effect to its plain meaning.” Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited as authority (rule) Hamline-Midway Neighborhood Stability Coalition v. City of St. Paul
Minn. Ct. App. · 1996 · confidence medium
Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
discussed Cited as authority (rule) Dahlberg Hearing Systems, Inc. v. Commissioner of Revenue (2×)
Minn. · 1996 · confidence medium
See Homart, 538 N.W.2d at 911 (refusing to engraft upon a tax statute a requirement that is contrary to the language of the statute and the intention of the legislature); Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995) ("We will not supply that which the legislature purposefully omits or inadvertently overlooks.").
discussed Cited as authority (rule) Blackowiak v. Kemp (2×)
Minn. · 1996 · confidence medium
See State v. Klumpp, 536 N.W.2d 613, 615 (Minn.1995); Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995); State v. Carpenter, 459 N.W.2d 121, 126 (Minn.1990).
cited Cited "see" Correll v. Distinctive Dental Services, P.A.
Minn. · 2000 · signal: see · confidence high
See Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995).
cited Cited "see" Wybierala v. Commissioner of Revenue
Minn. · 1998 · signal: see · confidence high
See Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 711 (Minn.1995).
cited Cited "see" Igel v. Commissioner of Revenue
Minn. · 1997 · signal: see · confidence high
See Green Giant Co. v. Commissioner of Revenue, 534 N.W.2d 710, 712 (Minn.1995); Wallace v. Commissioner of Taxation, 289 Minn. 220, 230 , 184 N.W.2d 588, 593 (1971).
discussed Cited "see, e.g." Gen. Mills, Inc. v. Comm'r Revenue
Minn. · 2019 · signal: see also · confidence low
This interpretation makes sense because the Legislature did not limit its incorporation of the federal definition of "base amount" to a specific paragraph; the statute simply says "41(c)." See Minn. Stat. § 290.068 , subd. 2(c) ; see also Green Giant Co. v. Comm'r of Revenue , 534 N.W.2d 710 , 712 (Minn. 1995) (noting that language incorporating a federal statute "speaks plainly" and the reference to "section 1804 without excluding subdivision (e)(4) " did not allow the court to omit that subdivision in resolving a dispute over the calculation of income (emphasis added)).
cited Cited "see, e.g." Riverview Muir Doran, LLC v. JADT Development Group, LLC
Minn. · 2010 · signal: see, e.g. · confidence medium
See, e.g., Green Giant Co. v. Comm’r of Revenue, 534 N.W.2d 710, 712 (Minn.1995) (in construing statutes, courts are not to supply that which the Legislature purposefully omits).
Retrieving the full opinion text from the archive…
GREEN GIANT CO., Respondent,
v.
COMMISSIONER OF REVENUE, Relator
C3-94-2030.
Supreme Court of Minnesota.
Jul 28, 1995.
534 N.W.2d 710
Hubert H. Humphrey, III, Atty. Gen., James W. Neher, Asst. Atty. Gen., Tax Litigation Div., St. Paul, for relator., Thomas R. Muck, John P. James, Fredrik-son & Byron, P.A., Minneapolis, for respondent.
Gardebring, Stringer.
Cited by 39 opinions  |  Published

OPINION

GARDEBRING, Justice.

This is a tax assessment case involving the issue of whether a corporation’s assignment[*711] of income made pursuant to Minn.Stat. § 290.01, subd. 20 (1987) is taxable income. [1] This section, which incorporates § 1804(e)(4) of the federal Tax Reform Act of 1986, Pub.L. No. 99-514, 100 Stat. 2800 (1986), [2] was adopted by the Minnesota Legislature as part of a 1987 bill intended to simplify the state’s income tax and bring Minnesota tax law into conformity with the federal changes. Minn.Laws.1987, ch. 268, art. 1, §§ 18, 125. The federal provision allowed profitable corporations to assign income to subsidiaries jointly owned by the corporation and an Alaska Native Corporation (ANC), with the objective of offsetting the corporation’s income by “purchase” of the net operating losses of the ANC. [3] It is, in essence, a modification of the definition of corporate gross income.

Green Giant Co. (Green Giant) filed state and federal income tax returns for the fiscal year ending May 31, 1987. Pursuant to section 1804(e)(4) and Minn.Stat. § 290.01, subd. 20 (1987), which were in effect at that time, Green Giant did not report $284,677 of income it had assigned to a jointly owned subsidiary of Green Giant and Huna Totem Corporation, an ANC. [4] On March 15, 1993, after an audit and other administrative proceedings, the Commissioner of Revenue (Commissioner) issued a final tax assessment order to Green Giant, disallowing the offsets claimed under Minn.Stat. § 290.01, subd. 20 (1987) and assessing additional taxes for the 1987 tax year in the amount of $234,677, plus an additional $120,333.44 in interest. On appeal to the tax court, Green Giant’s motion for summary judgment was granted. The tax court held that the Minnesota Legislature adopted section 1804(e)(4) consistent with its stated purpose of conformance with federal law. We agree and therefore affirm the tax court.

Our role in the review of tax court decisions is a limited one. The tax court’s ruling is to be upheld “where sufficient evidence exists for the tax court to reasonably reach the conclusion it did.” American Ass’n of Cereal Chemists v. County of Dakota, 454 N.W.2d 912, 914 (Minn.1990). Further, this court reviews questions of statutory construction de novo. United Power Ass’n v. Commissioner of Revenue, 483 N.W.2d 74, 77 (Minn.1992).

At issue in this case is the construction and interpretation of a 1987 statutory amendment to the definition of gross income. The 1987 amendment, which was subsequently repealed in 1989, provided:

For tax years beginning before January 1, 1987 * * *.
$ ‡ ‡ ‡ ‡
(iv) The Internal Revenue Code of 1954, as amended through May 25,1985, shall be in effect for taxable years beginning after December 31,1984. The provisions of sections 101, 102, 103, 201, and 202 of Public Law Number 99-121 and sections 402, 403, 1803, 1804, 1852, and 1861 of the Tax Reform Act of 1986, Public Law Number 99-514, shall be effective at the same time that they become effective for federal income tax purposes.

Minn.Laws 1987, ch. 268, art. 1, § 18(iv) [5] (emphasis added). The legislation took effect in the 1985 tax year. Id.

The Commissioner argues that, despite the clear language of the statute, the legislature did not intend to adopt section 1804(e)(4) as[*712] an amendment to the state definition of corporate gross income because corporate gross income was defined independently of federal law in tax year 1985. The Commissioner further argues that the legislature could not have intended to adopt a federal law which provides assistance to organizations, the ANCs, which have no connection to Minnesota. We find neither argument persuasive.

The Commissioner's arguments in this case fail to take into account the most basic rule of statutory construction:

When the words of a law in their application to an existing situation are free and clear from all ambiguity, the letter of the law shall not be disregarded under the pretext of pursuing the spirit.

Minn.Stat. § 645.16 (1992). Further, this rule specifically applies in the context of construing revenue statutes. In Commissioner of Revenue v. Richardson, 302 N.W.2d 23, 26 (Minn.1981), we said, “No room for judicial construction exists when the statute speaks for itself.” Where the statutory language is clear and unambiguous, courts must give effect to its plain meaning. State v. Carpenter, 459 N.W.2d 121, 126 (Minn.1990).

Here the statute speaks plainly. On its face, the 1987 amendment plainly incorporates section 1804(e)(4) into Minnesota law. The legislature enacted section 1804 without excluding subdivision (e)(4). We will not supply that which the legislature purposefully omits or inadvertently overlooks. Wallace v. Commissioner of Taxation, 289 Minn. 220, 184 N.W.2d 588 (1971).

The legislature adopted section 1804(e)(4), and since the language of the statute is plain, the tax court properly granted summary judgment in favor of Green Giant. Accordingly, the decision of the tax court is affirmed.

STRINGER, J., took no part in the consideration or decision of this case.
1

. Minn.Stat. § 290.01, subd. 20 (1987) was subsequently repealed in 1989. See 1989 Minn. Laws, ch. 28, § 3. The relevant language of Minn.Stat. § 290.01, subd. 20 (1987) is found at Minn.Laws 1987, ch. 268, art. 1, § 18.

2

. The legislative history of § 1804(e) can be found at 26 U.S.C. § 1504 (1988) (historical and statutory notes).

3

. ANCs were created by Congress to manage the assets distributed under the terms of the Alaska Native Claims Settlement Act which was enacted to provide compensation for land claims by original residents of Alaska. Pub.L. No. 92-203, 85 Stat. 691 (1971), codified at 43 U.S.C. § 1601, et seq. (1988).

4

. This arrangement was approved in private letter rulings issued by the Internal Revenue Service for purposes of federal taxation.

5

. Provisions permitting the loss transfers by ANCs were repealed in 1988 by Congress. See Pub.L. No. 100-647, § 5021(a)-(e) (1988), further amended Pub.L. 101-239, § 7815(b), 103 Stat. 2414 (1989). The Minnesota Legislature followed in 1989. 1989 Minn.Laws, ch. 28, § 3.