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STATE DEP'T OF TAXATION v. MASCO BUILDER

No. 60342.

312 P.3d 475 (2013)

The STATE of Nevada DEPARTMENT OF TAXATION, Appellant, v. MASCO BUILDER CABINET GROUP d/b/a Quality Cabinets of Nevada, Respondent.

Supreme Court of Nevada.

November 7, 2013.

Attorney(s) appearing for the Case

Catherine Cortez Masto , Attorney General, and Blake A. Doerr , Senior Deputy Attorney General, Carson City, for Appellant.

Justice Law Center and Bret O. Whipple , Las Vegas, for Respondent.

BEFORE HARDESTY, PARRAGUIRRE and CHERRY, JJ.

OPINION

By the Court, HARDESTY, J.:

In 2011, this court affirmed a district court order granting respondent Masco Builder Cabinet Group a tax refund for overpaid taxes. Thereafter, appellant State of Nevada Department of Taxation refused to pay interest on Masco's tax refund, arguing that (1) Masco failed to demand interest in its initial refund claim, thus waiving its right to interest; and (2) NRS 372.665 permits the Department to withhold interest...

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