Amax Coal Co. v. Board of Equalization

In this appeal we address petitioner Amax Coal Companys protestations that respondent Wyoming State Board of Equalization (Board) erred in assessing its Belle Ayr and Eagle Butte coal mines for tax year 1988. The thrust of Amaxs protest is that the Department of Revenue and Taxation, Minerals Division (Division), used an improper assessment formula which overvalued their coal production and operated in a discriminatory manner prohibited by Wyomings Constitution, which valuation was then confirmed by the Board after a hearing. Further, Amax contends the Board incorrectly treated an intercompany royalty, which Amax pays to its wholly owned subsidiary, Meadowlark, Inc., as a private royalty and improperly included Black Lung Excise Tax in the assessment process.