No. 29199 (July 14, 2009)
Opinion pdf
OPINION OF THE COURT BY WATANABE, ACTING C.J.
In this appeal, the Director of Taxation, State of Hawai'i (Director or State) challenges the final judgment entered by the Tax Appeal Court of the State of Hawai'i (tax appeal court) on July 14, 2008 (final judgment) and two orders entered by the tax appeal court on March 7, 2008 (collectively, summary judgment orders), the first of which denied the Director's December 11, 2007 motion for summary judgment and the second of which granted the October 24, 2007 motion for summary judgment filed by Taxpayer Appellant-Appellee Spirent Holding Corp. & Subsidiaries (Spirent or taxpayer).
The sole issue presented is whether, for the 2001 taxable year, Spirent timely filed its amended claim for a research-activities corporate-income-tax credit (research activities tax credit) pursuant to Hawaii Revised Statutes (HRS) § 235-110.91 (2001) (amended claim).
We conclude that Spirent's amended claim was not timely filed, and, accordingly, we reverse the final judgment and the summary judgment orders entered by the tax appeal court.
