Clark, Matter of
| Decision Date | 16 November 1983 |
| Docket Number | No. 13819,13819 |
| Citation | 340 N.W.2d 189 |
| Parties | In the Matter of the Appeal and Hearing for Robert C. CLARK. |
| Court | South Dakota Supreme Court |
Krista Clark of Dakota Plains Legal Services, Eagle Butte, for appellant Robert C. Clark.
Janice Godtland, Asst. Atty. Gen., Pierre, for appellee South Dakota Dept. of Social Services; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.
HENDERSON, Justice (on reassignment).
ACTION
Appellant, Robert Clark, appeals a circuit court order affirming a Department of Social Services' (Department) decision denying appellant Clark subsidized energy payments under South Dakota's Low Income Energy Assistance Program (LIEAP). We affirm.
FACTS
Appellant Clark farms in Sully County, South Dakota. Mrs. Clark is a nurse's aide at Oahe Manor, Inc., and a part-time waitress. During December of 1980, appellant Clark applied to Department for LIEAP payments. Since LIEAP required verification of all income, appellant Clark's 1979 income tax return was filed with the Department. The Clarks are homeowners whose 1979 joint income was approximately $30,589.00. Appellant Clark's application for LIEAP energy assistance payments was denied based upon his farming gross profits of $23,904.91 reflected on his 1979 Federal Income Tax Return, Schedule F. The maximum gross income allowed in 1980 for energy assistance eligibility for a family the size of appellant Clark's was $16,890.00.
Examining Mr. Clark's 1979 tax return, we find the following "actual cash outlay" deductions: (1) Labor hired $487.41; (2) Repairs and maintenance $3,935.95; (3) interest $6,099.84; (4) rent of farm pasture $7,617.00; (5) Feed $3,040.59; (6) Seeds, plants purchased $1,957.90; (7) Fertilizers, lime, chemicals $95.50; (8) Machine hire $4,751.00; (9) Supplies $806.11; (10) Veterinary fees, medicine $327.57; (11) Gasoline, fuel, oil $6,111.09; (12) Taxes $2,345.53; (13) Insurance $2,891.59; (14) Utilities $605.32; (15) Freight, trucking $355.53; (16) Loss of five calves $1,000.00; and (17) Illegible entries totaling $407.50 ($10.00 of which appears to be for "box rent"). These "cash outlay items" total $42,835.43 and not the $37,797.43 figure reflected on Mr Clark's Schedule F. Be that as it may, appellant Clark showed a gross profit of $23,904.91. * Due to this tax write-off, appellant Clark claimed a loss of $15,314.50 on his farming operation. Appellant and his wife, in filing a joint return, deducted the wife's wages of $2,768.30, thus showing a $12,296.20 loss for the year. We note in the gross profit figure as represented, $16,221.12 for calves produced and sold and $544.09 for hogs produced and sold. Noting this calf sale figure, and further noting that appellant Clark listed, all in all, 87 full-grown cows and three bulls (two of which were being depreciated), it becomes obvious that appellant Clark was not in the low-income bracket. In 1979, the year in question, he purchased thirteen cows for $7,800.00 cash.
ISSUE
DID SOUTH DAKOTA'S MANNER OF MEASURING INCOME FOR ITS LOW
INCOME ENERGY ASSISTANCE PROGRAM VIOLATE FEDERAL REGULATIONS
REQUIRING EQUAL TREATMENT FOR ALL APPLICANTS AND THE EQUAL
PROTECTION CLAUSE OF THE FEDERAL AND STATE CONSTITUTIONS?
WE HOLD THAT IT DID NOT.
DECISION
Viewing the income and economic circumstances of appellant Clark and his family, they are not an eligible household, as defined in 45 C.F.R. Sec. 260.1 (1980). There is no elderly or handicapped person in this household. With this type of income and operation, they are not needy in the sense of obtaining subsidized government heat. We simply cannot fit the Clark household within the circumstances and intent for which Congress passed this law. Congress did not intend to help families with substantial income, assets, and corresponding tax write-offs.
The State of South Dakota was founded on a concept of self-reliance. Our South Dakota Const. art. VI, Sec. 27, uniquely provides: Our constitutional mandate of justice, moderation, and frugality requires us to carefully weigh appellant Clark's contentions. Inasmuch as this energy assistance program does not consider net worth, if we adopted appellant Clark's view, a farmer could have assets of $250,000.00 in land, $75,000.00 in cattle, $75,000.00 in machinery, and $25,000.00 in stored crops and still show a loss on his tax form and qualify for free heat. Through exclusions, deductions, and tax shelters, this heat assistance program created for the needy could easily be manipulated. We believe there is an end to this heat lifeline as enacted by the United States Congress. Those unsheltered individuals who pay taxes should not face the chilling reality of being responsible for heating the homes of the Mr. Clarks in South Dakota, and, yes, across the farm belt of America.
In the recent decision of Crawford v. Janklow, 710 F.2d 1321, 1327 (8th Cir.1983), the United States Court of Appeals for the Eighth Circuit examined South Dakota's 1982-1983 LIEAP and held: "[I]f the states wish to narrow the number of persons eligible for assistance, they must exclude persons from the top of the class described by Congress, in terms of income and proportionate energy costs, rather than from the bottom." There can be no doubt that, if by any stretch of the imagination Congress could have intended to help the appellant Clarks of this Nation, appellant Clark's income would certainly be at the upper "top of the class described by Congress."
Congress did not set a National income eligibility standard for LIEAP. 42 U.S.C.S. Sec. 8607(b)(4) (Law.Co-op.1982). The Department had the authority to define income. 45 C.F.R. Sec. 260.160 (1980) provides: "The State shall include in its plan its definition of income and the period of time for measuring income." Through Department, South Dakota complied. In Naegle v. Dep't of Social Services, 525 F.Supp. 1030, 1032 (C.D.S.D.1981), the Court addressed South Dakota's ability to define and measure income for its LIEAP: "Clearly, the state had considerable discretion to define income, and had it either used last year's income tax forms for all applicants, or used the prior 90 days income multiplied by four for all applicants, there would have been little to challenge in the plan." (Emphasis in original.)
Naegle, id., stressed: "To be in compliance with the federal regulation Sec. 160.154(g), the state must treat all applicants equally, regardless of their source of income." Further reinforcement for this view is discovered as one reads on in Naegle, 525 F.Supp. at 1033: "As the prior portions of this opinion have sought to make clear, however, the use of different methods of income calculation for different classes of applicants simply because those applicants have different sources of income lacks any 'reasonable basis'."
The Department's method of income calculation treated all applicants equally; they were all judged by their gross monetary intake as either income or profit which was clearly within the state's "considerable discretion" to use as an indicia of income. No applicant was allowed to subtract income tax deductions from his gross income. All were treated alike. The only way the state could determine gross income for the self-employed was to look at gross profits. The state looked at total income for the non-self-employed because the non-self-employed do not have "gross profits." We fail to see any reason for overruling the Department's considerable discretion to define income as gross monetary intake in favor of appellant Clark's nebulous...
To continue reading
Request your trial