FORD MOTOR CO. v. TREASURY DEPT.

Docket No. 146962. Calendar No. 1.

852 N.W.2d 786 (2014)

496 Mich. 382

FORD MOTOR COMPANY v. DEPARTMENT of TREASURY.

Supreme Court of Michigan.

Decided June 26, 2014.


Attorney(s) appearing for the Case

Miller, Canfield, Paddock and Stone, PLC (by Loren M. Opper , Clifford W. Taylor , and Paul D. Hudson ), for plaintiff.

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, and Matthew B. Hodges , Assistant Attorney General, for defendant.

Evan H. Kaploe for amicus curiae the State Bar of Michigan, Taxation Section.


MICHAEL F. CAVANAGH, J.

In this case, we must determine what actions a taxpayer must take under MCL 205.30 of the Revenue Act to trigger the accrual of interest on a tax refund. We hold that in order to trigger the accrual of interest, the plain language of the statute requires a taxpayer to (1) pay the disputed tax, (2) make a "claim" or "petition" for a refund, and (3) "file" the claim or petition. Although a "claim" or "petition" need not take any specific form...

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