Tag: Tax Appeal

Mississippi Court of Appeals Decisions of August 18, 2026

The Mississippi Court of Appeals handed down eight opinions today on a wide range of areas of law. You can read a summary of each below.

Ramsey v. State, 2025-KA-00324-COA (Criminal – Felony)
Affirming conviction of kidnapping and contributing to the delinquency of a minor, holding that the trial court did not err in denying a request for proposed jury instruction on duress or in failing to sua sponte instruct the jury on the defense of necessity, that the ineffective assistance of counsel claim should be denied without prejudice to be raised on a PCR motion, that the cumulative error doctrine did not apply, and that the trial court did not commit plain error by failing to give a necessity instruction despite the lack of a request for such an instruction.
(9-1-0: Emfinger for the court; Wilson concurred in part and in the result without writing)

Powell v. Natchez Hospital Company, LLC, 2024-CA-01054-COA (Civil – Wrongful Death)
Affirming the circuit court’s grant of summary judgment in favor of the hospital and an intentional tort claim brought by the wrongful death beneficiaries of an employee of the hospital who contracted COVID and died from related complications, holding that the grant of summary judgment in favor of the Hospital was proper because the there was no evidence of tortious intentional conduct and therefore the claims were barred by the exclusivity provisions of the MWCA but that the dismissal should have been with prejudice.
(10-0: Westbrooks for the court)

Williams v. State, 2024-KA-01155-COA (Criminal-Felony)
Affirming conviction of first-degree murder, holding that the trial court did not err by refusing an injury instruction and the lesser included offense of heat-of-passion manslaughter.
(10-0: Wilson for the court)

Gatlin v. Hattiesburg Public School District, 2025-CP-00400-COA (Civil-Torts)
Affirming summary judgment in an MTCA claim against a school district for negligent supervision, holding that the evidence showed that the school district exercised ordinary care and took reasonable steps to minimize foreseeable risks.
(10-0: Carlton for the court)

Buskirk v. Hodge, 2024-CA-01208-COA (Civil – Custody)
Affirming the Chancellor’s ruling in a custody dispute, holding that the chancellor did not commit manifest error in granting the father’s motion for modification and awarding awarding joint legal custody and extended visitation.
(10-0: Barnes for the court)

Estate of Thompson: Thompson v. Bird, 2024-CA-01414-COA (Civil – Wills, Trusts & Estates)
Reversing the Chancellor’s order dismissing a petition to reopen an estate as time barred that was filed sixteen years after the estate was closed, holding that the heirs sufficiently pleaded that the right to contest the will had been fraudulently concealed so concealment fraud provision of section 91-7-23 applied and extended the statute of limitations.
(6-4: McDonald for the Court; Weddle dissented, joined by Barnes, Carlton, and Wilson)

Chatman v. State, 2025-KA-00170-COA (Criminal – Felony)
Affirming re-sentencing for two counts of gratification of lust on remand for retrial or re-sentencing, holding the circuit court did not err by failing to recuse herself or by sentencing the defendant to what he believed to be a harsher sentence for appealing his conviction.
(7-2-0: Weddle for the court; Westbrook specially concurred, joined by Lassitter St. Pe’; McDonald did not participate)

ABG Contractors, Inc. v. Graham, 2025-CA-00329-COA (Civil – State Boards and Agencies)
Reversing the chancery court’s grant of summary judgment in favor of the department of revenue, holding that the company had presented sufficient evidence in its claims appealing an audit assessment.
(7-1-2: Lawrence for the court; Wilson concurred in result only without writing; McDonald concurred in part and dissented in part without writing; McCarty dissented, joined in part by McDonald)

Other Orders

  • In the Interest of J.S.: Betsi S. v. the Mississippi Department of Child Protection Services, 2024-CP-01061-COA (denying rehearing)
  • Carter v. State, 2024-SA-01131-COA (denying rehearing)
  • Nettles v. Nettles, 2024-CA-01263-COA (denying rehearing)
  • Ashby v. State, 2025-CP-00076-COA (denying rehearing)

Hand Down Page

Mississippi Court of Appeals Decisions of September 9, 2025

The Mississippi Court of Appeals handed down eight opinions on Tuesday. I finally got around to summarizing them and you can read those summaries below.

Lovelace v. Board of Trustees of East Mississippi Community College, 2023-CA-01341-COA (Civil – Contract)
Affirming the chancellor’s order denying appeal and upholding the board’s decision not to renew an instructor’s contract, holding that the chancellor did not err by not considering documents that were not before the board, that the board’s decision was supported by substantial evidence, and the instructor was not denied due process.
(10-0: Weddle for the Court)

Ingram v. Ingram, 2023-CA-01364-COA (Civil – Custody)
Affirming the Court’s custody order, holding that the chancellor did not err in the Albright analysis or abuse his discretion in the visitation award.
(10-0: Weddle for the Court)

Franklin v. State, 2024-CP-00696-COA (Civil – PCR)
Affirming dismissal of PCR motion as time-barred.
(9-0: McCarty for the Court; Emfinger did not participate)

Cardwell v. State, 2024-CP-01088-COA (Civil – PCR)
Affirming denial of PCR motion as successive.
(10-0: McCarty for the Court)

Brookshire v. State, 2023-KA-00966-COA (Criminal – Felony)
Affirming conviction of first-degree murder, holding that there was a custodial interrogation that violated the right to counsel that had been invoked but that the error was harmless in light of the overwhelming evidence supporting the conviction and that its admission did not result in plain error under the Confrontation Clause.
(8-2-0: Westbrooks for the Court; Carlton and McCarty concurred in result only without writing)

Williams v. State, 2024-CA-00817-COA (Civil – PCR)
Reversing summary dismissal of a PCR motion, holding that the petitioner was not required to seek leave from the Supreme Court before filing the PCR motion.
(10-0: Wilson for the Court)

Back Bay Lawnscapes LLC v. Graham, 2024-CA-00054-COA (Civil – State Boards & Agencies)
Affirming the chancery court’s order granting summary judgment upholding a sales tax assessment and an individual income tax assessment, holding that the taxpayer failed to fulfill its statutory duty to keep adequate records and that the chancellor did not err in applying the law to the facts of the case or in awarding damages.
(9-0: Carlton for the Court; Westbrooks did not participate)

Taylor v. Fair, 2024-CP-00676-COA (Civil – Other)
Affirming the chancellor’s dismissal of a petition for write of habeas corpus and emergency custody of the petitioner’s child, holding that the chancellor did not err in dismissing the petition for lack of jurisdiction.
(9-1-0: Carlton for the Court; McDonald concurred in result only without writing)

Other Orders

  • Estate of Anderson: Brown v. Fitzgerald, 2023-CA-01131-COA (denying rehearing)
  • Smith v. State, 2024-KA-00162-COA (denying rehearing)
  • Bickes v. Swain, 2024-CA-00187-COA (denying rehearing)
  • Roach v. Roach, 2024-CA-00236-COA (denying rehearing)

Hand Down Page

Mississippi Supreme Court Decisions of May 1, 2025

The Mississippi Supreme Court handed down two opinions yesterday. One is a MDOR case and the other is a direct criminal appeal. The Court also entered orders amending the Rules for Court Reporters and the Justice Court Rules.

Mississippi Department of Revenue v. Tennessee Gas Pipeline Company, LLC, 2023-SA-01079-SCT (Civil – State Boards & Agencies)
Affirming the chancery court’s grant of summary judgment against the MDOR, holding that MDOR improperly included freight charges in the taxpayer’s use-tax base where the taxpayer hired a third-party carrier for the shipment of the goods in a closed transaction.
(7-1-0: Sullivan specially concurred, joined by Ishee; Randolph did not participate)

Tubbs v. State, 2023-KA-01124-SCT (Criminal – Felony)
Affirming conviction of two counts of first-degree murder and two counts of desecration of a human corpse, holding that the conviction was supported by sufficient evidence and that the trial court did not commit plain error by not excluding a deputy’s testimony about the defendant’s confession.
(9-0)

Other Orders

  • Rules for Court Reporters, 89-R-99021-SCT (granting Petition of the Mississippi Court Reporters Association to Amend Rules I(U) and IX(E)(6) of the Rules and Regulations Governing Certified Court Reporters)
  • In Re: Justice Court Rules, 89-R-99024-SCT (amending Rules 9, 14, and 27 of the Rules of Justice Court)
  • Shanks v. State, 2023-CT-00271-SCT (denying cert)
  • Johnson v. SW Gambling LLC, 2023-CT-00505-SCT (denying cert)

Hand Down Page

Mississippi Supreme Court Decisions of May 25, 2023

It was a slow day at the Mississippi Supreme Court for the hand-down department. The Court handed down just one opinion in a DOR case about unpaid sales tax and denied cert in two other cases.

Saltwater Sportsman Outfitters, LLC v. Mississippi Dept. of Revenue, 2021-SA-00881-SCT (Civil – State Boards & Agencies)
Affirming summary judgment in favor of MDOR in a dispute over unpaid sales taxes, holding that the company’s failure to keep records rendered MDOR’s assessment presumptively correct and that the company could not overcome that presumption.
(9-0)

Blount v. State, 2021-CT-00204-SCT (denying cert)

Moss v. Moss, 2021-CT-00452-SCT (denying cert)

Hand Down Page

Mississippi Supreme Court Decisions of October 6, 2022 (Rewind)

I did not post summaries from the first week of October because I was out of town with my family doing something much more fun that summarizing opinions. This is a catch-up post. There was not a whole lot from the Mississippi Supreme Court that week, unless you are a digital photographer in which case it appears to have been a good week for you.

Mississippi Department of Revenue v. EKB, Inc., 2021-SA-00441-SCT (Civil – State Boards and Agencies)
Affirming the chancery court’s order vacating the Mississippi Department of Revenue’s sales tax assessment against a wedding photography business, holding that photography is not a taxable business activity (unlike film development and photo finishing) and that still digital images are not taxable digital products.
(8-0: Justice Coleman did not participate.)

NOTE – I am neither a tax lawyer nor a photographer, but this seems like quite a win for digital photographers. Here are some particulars about the photography business at issue that gives context for the decision.

Other Orders

Johnson v. State, 2015-CT-01064-SCT (dismissing cert petition)

Wayne County Sch. Dist. v. Quitman Sch. Dist., 2020-CA-00499-SCT (denying rehearing)

Butler v. State, 2020-CT-00806-SCT (granting cert)

Haynes v. State, 2020-CT-01397-SCT (denying cert)

Fluker v. State, 2021-CT-00162-SCT (dismissing cert petition)

In Re: Hon. James McClure, III and Hon. Gerald W. Chatham, Sr.; 2022-IA-00319-SCT (denying petition for writ of prohibition)

Hand Down Page

Mississippi Court of Appeals Decisions of August 30, 2022

The Mississippi Court of Appeals handed down eight opinions today. These decisions cover the MTCA, tax assessments, waiver of arbitration, a couple of criminal convictions, and a couple of PCR cases.

Belmer v. State, 2021-CP-00398-COA (Civil – Other)
Dismissing the plaintiff’s appeal from a decision of MDOC’s Administrative Remedy Program as moot because the plaintiff was released on parole during the pendency of the appeal and was not longer incarcerated.
(10-0)

Belmer v. State, 2021-CP-00410-COA (Civil – PCR)
Affirming the circuit court’s denial of the plaintiff’s PCR motion, holding that it was procedurally barred and without merit.
(10-0)

NOTE– Yes, the first two opinions dealt with the same plaintiff. No typo this time.

Simpson County School District v. Wigley, 2021-CA-00009-COA (Civil – Personal Injury)
Reversing the circuit court’s judgment in an MTCA case against a school district alleging that the district failed to provide adequate supervision when children played tag while awaiting bus repairs, holding (1) that the plaintiff failed to provide sufficient evidence that the district proximately caused the injury that occurred during the course of what seems to have been a garden-variety game of tag and (2) that the plaintiff failed to prove that a failure to render aid caused the plaintiff’s damages
(6-3*: Judge Westbrooks concurred in part and dissented in part without separate written opinion; Judge Lawrence concurred in part and dissented in part, joined by Judge Westbrooks; Judge McCarty dissented, joined by Judge Carlton and in party by Judge Westbrooks and Judge Lawrence)

NOTE – The plaintiff argued that the district was liable for negligent supervision by failing to render timely and appropriate aid to the injured child, but the Court of Appeals noted the plaintiff presented no legal authority for such a duty and declined to rule on the issue of whether a duty existed since the causation element was lacking:

Wilson v. Lexington Manor Senior Care, LLC, 2021-CA-00072-COA (Civil – Contract)
Reversing the circuit court’s order compelling arbitration of a medical malpractice claim against a nursing home, holding that the nursing home waived arbitration by substantial invocation of litigation that included filing an answer with 38 defenses that did not include arbitration as a defense and filing a motion to dismiss and pursuing that motion to a ruling, all before filing a motion to compel arbitration.

NOTE – The nursing home argued that it did not find the arbitration agreement until after the motion to dismiss had been briefed and heard. But the Court of Appeals was not persuaded by this argument since the arbitration agreement had been in the nursing home’s possession the entire time.
(8-2-0: Judge Carlton and Judge Emfinger concurred in the result only)

McNair v. State, 2021-KA-01121-COA (Criminal – Felony)
Affirming conviction of aggravated domestic violence, holding that the evidence was sufficient to support the jury’s verdict and that the verdict was not against the overwhelming weight of the evidence.
(10-0)

Perkins v. State, 2021-KA-00129-COA (Civil – Felony)
Affirming conviction of sexual battery and sentence as a non-violent habitual offender after the defendant’s counsel filed a Lindsey brief, holding that the one-page pro se brief denying the crime and making argument after declining to testify at trial did not reveal any basis for reversal.
(9-0: Judge Emfinger did not participate)

BBM Ventures, LLC v. Frierson, 2021-CA-00248-COA (Civil – State Boards and Agencies)
Affirming the chancery court’s judgment affirming MDOR assessments for sales tax liability and for income tax liabilities, holding that the chancellor (1) did not err in ruling that the taxpayers had adequate notice and failed to appeal the sales tax assessment, (2) did not err in evaluating sales tax assessment that arguably did not account for personal use and donation of some inventory, (3) did not err in finding that the taxpayers failed to produce source documentation for the majority of their business expenses or affirming individual income-tax assessment, and (4) did not err in affirming the fraud penalty assessed in conjunction with one of the income-tax assessments.
(8-0: Judge Carlton and Judge McCarty did not participate)

Luckett v. State, 2021-CP-01248-COA (Civil – PCR)
Affirming the circuit court’s denial of a pro se PCR motion, holding that the plaintiff’s ineffective assistance of counsel and cumulative error claims lacked merit.
(9-0: Judge Emfinger did not participate)

Parker v. Ross, 2020-CA-01055-COA (denying motions for rehearing filed by five parties)

Finley v. PERS, 2021-SA-00089-COA (denying rehearing)

Smith v. Adams County Youth Court, 2021-CP-00196-COA (denying rehearing)

Pickle v. State, 2021-CP-00972-COA (denying rehearing)

Other Orders