The U.S. Supreme Court has denied a request that it determine the date when interest should start for a refund of a Mississippi severance tax. The Mississippi Supreme Court had held that the tax was unconstitutional.
Refund Interest Under Mississippi Law
Under state law, interest became due on unrefunded overpayments within 90 days of the later of:
- the date that a refund application was filed; or
- the date the Tax Commissioner determined that a refund was due.
Mississippi Supreme Court Ruling
The Mississippi Supreme Court determined that the refund was due 90 days after the day it issued its 2013 decision holding that the tax was unconstitutional. A school district had sought interest on its overpayments from 90 days after it filed a refund application in 2008.
Wayne County School District v. Morgan, U.S. Supreme Court, Dkt. No. 17-827, petition for certiorari denied January 22, 2018
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