Peoples Drug Stores v. District of Columbia

Decision Date15 December 1983
Docket NumberNo. 82-1297.,82-1297.
Citation470 A.2d 751
PartiesPEOPLES DRUG STORES, INCORPO-RATED, Appellant, v. DISTRICT OF COLUMBIA, Appellee.
CourtD.C. Court of Appeals

James Robertson, Washington, D.C., with whom F. David Lake, Jr., Washington, D.C., and Helen Torelli, Washington, D.C., were on brief, for appellant.

Richard G. Amato, Assistant Corp. Counsel, with whom Judith W. Rogers, Corp. Counsel, at time brief was filed, Charles L. Reischel, Deputy Corp. Counsel, and Richard L. Aguglia, Asst. Corp. Counsel, Washington, D.C., were on brief, for appellee.

Before NEWMAN, Chief Judge, and KERN, NEBEKER, MACK, FERREN, PRYOR and TERRY, Associate Judges.

FERREN, Associate Judge:

The trial court dismissed appellant's petition challenging a District of Columbia use tax assessment, concluding that the court lacked jurisdiction because the petition was not timely filed pursuant to D.C.Code § 47-2403 (1973).1 A division of this court, in an unpublished memorandum opinion and judgment issued July 19, 1983, concluded that it was "constrained to affirm the trial court's dismissal" in light of the interpretation given § 47-2403 in Donahue v. District of Columbia, 368 A.2d 1147 (D.C. 1977) (per curiam).2 Upon consideration by the full court, we now overrule Donahue (except to the extent necessary to address the particular facts of that case) and reverse the trial court's order dismissing appellant's petition.

I.

On August 18, 1977, appellee District of Columbia mailed to appellant taxpayer a Notice of D.C. Tax Due. The notice included a use tax assessment of $50,309.33, plus interest, for advertising supplements paid for by taxpayer and distributed in the District of Columbia. Taxpayer paid the tax on September 14, 1977, but filed a petition for refund in the Tax Division of Superior Court on March 14, 1978.

The only issue in this case is whether taxpayer's petition was timely filed. The District of Columbia concedes that, under Sears, Roebuck and Co. v. District of Columbia, Tax Div. Docket No. 2463 (D.C.Super.Ct. May 13, 1981), the use tax paid by taxpayer with respect to advertising supplements was assessed in error; thus, if taxpayer's petition was timely filed, taxpayer is entitled to a refund. The District maintains, however, that pursuant to D.C.Code § 47-2403 (1973), an appeal from an assessment must be taken within six months of the assessment, and thus taxpayer's petition — filed nearly seven months after the assessment — was untimely. Taxpayer argues, to the contrary, that the plain wording of § 47-2403 permits appeals "within six months after payment of the tax," and that its petition, filed exactly six months after payment, complied with this statutory requirement.

We agree with the earlier memorandum opinion and judgment of the division in this case that, if Donahue, supra, is good law, it controls this case and the District of Columbia must prevail. Although the factual scenario in Donahue can be distinguished from the facts here,3 the Donahue holding clearly purports to extend to cases such as the one now before the court:

We previously suggested, and now hold, "that the period for all appeals under § 47-2403 runs from the mailing of the assessment, the clause `after payment . . .' to be read as `provided payment has been made.'"

368 A.2d at 1148 (emphasis in original) (quoting National Graduate University v. District of Columbia, 346 A.2d 740, 743 n. 7 (D.C.1975)). Moreover, the Donahue court expressly "reject[ed] [the] argument that the six-month period for filing an appeal does not commence until after payment of the tax." Id.

In reviewing this court's interpretation of § 47-2403 in Donahue, "[w]e must first look at the language of the statute by itself to see if the language is plain and admits of no more than one meaning." Davis v. United States, 397 A.2d 951, 956 (D.C.1979). "The primary and general rule of statutory construction is that the intent of the lawmaker is to be found. in the language that he has used." Varela v. Hi-Lo Powered Stirrups, Inc., 424 A.2d 61, 64 (D.C.1980) (en bane) (quoting United States v. Goldenberg, 168 U.S. 95, 102-03, 18 S.Ct. 3, 4, 42 L.Ed. 394 (1897)). Moreover, in examining the statutory language, it is axiomatic that "[t]he words of the statute should be construed according to their ordinary sense and with the meaning commonly attributed to them." Davis, supra, 397 A.2d at 956; United States v. Thompson, 347 A.2d 581, 583 (D.C.1975).

The critical language of § 47-2403 provides: "Any person aggrieved, by any assessment . . . may within six months after payment of the tax together with penalties and interest assessed thereon, appeal from the assessment to the Superior Court." These words, given their ordinary meaning, plainly indicate that the six-month period for filing an appeal does not begin to run until after the taxpayer has paid the assessment.

The Donahue decision did not, however, simply rely on the statutory language for its reading of § 47-2403. The court based its conclusion on a reading of the legislative history of the statute. 368 A.2d at 1148 (citing National Graduate University, supra, 346 A.2d 740). This resort to the legislative history was not, in and of itself, improper. Both the Supreme Court and this court have recognized that "words are inexact tools at best, and for that reason there is wisely no rule of law forbidding resort to explanatory legislative history no matter how `clear the words may appear on superficial examination.'" Harrison v. Northern Trust Co., 317 U.S. 476, 63 S.Ct. 361, 87 L.Ed. 407 (1943) (citations omitted); Davis, supra, 397 A.2d at 956; see Sanker v. United States, 374 A.2d 304, 307 (1977) (quoting Lynch v. Overholser, 369 U.S. 705, 710, 82 S.Ct. 1063, 1067, 8 L.Ed.2d 211 (1962) ("The decisions of this Court have repeatedly warned against the dangers of an approach to statutory construction which confines itself to the bare words of a statute, . . . for `literalness may strangle meaning.' ") (citations omitted)).

Nor should Donahue necessarily be overruled simply because its reading of § 47-2403 does not comport with the meaning most readily derived from the words of the statute. Although the "plain meaning" rule is certainly the first step in statutory interpretation, it is not always the last or the most illuminating step. This court has found it appropriate to look beyond the plain meaning of statutory language in several different situations.

First, even where the words of a statute have a "superficial clarity," a review of the legislative history or an indepth consideration of alternative constructions that could be ascribed to statutory language may reveal ambiguities that the court must resolve. Sanker, supra, 374 A.2d at 307 (quoting Barbee v. United States, 392 F.2d 532, 535 n. 4 (5th Cir.), cert. denied, 391 U.S. 935, 88 S.Ct. 1849, 20 L.Ed.2d 855 (1968) ("`Whether or not the words of a statute are clear is itself not always clear'")); accord Davis, supra, 397 A.2d at 956. Second, "`the literal meaning of a statute will not be followed when it produces absurd results.'" Varela, supra, 424 A.2d at 65 (quoting District of Columbia National Bank v. District of Columbia, 121 U.S.App.D.C. 196, 198, 348 F.2d 808, 810 (1965) (citations omitted)); Berkley v. United States, 370 A.2d 1331, 1332 (D.C.1977) (per curiam) ("statutes are to be construed in a manner which assumes that Congress acted logically and rationally"). Third, whenever possible, the words of a statute are to be construed to avoid "obvious injustice." Metzler v. Edwards, 53 A.2d 42, 44 (D.C.Mun.App.1947); see Center for National Policy Review on Race & Urban Issues v. Weinberger, 163 U.S.App.D.C. 368, 372, 502 F.2d 370, 374 (1974) ("[a] court may qualify the plain meaning of a statute" to avoid consequences that would be "plainly . . . inequitable").

Finally, a court may refuse to adhere strictly to the plain wording of a statute in order "to effectuate the legislative purpose," Mulky v. United States, 451 A.2d 855, 857 (D.C.1982), as determined by a reading of the legislative history or by an examination of the statute as a whole. Floyd E. Davis Mortgage Corp. v. District of Columbia, 455 A.2d 910, 911 (D.C.1983) (per curiam) ("a statute is to be construed in the context of the entire legislative scheme"); Dyer v. D.C. Department of Housing and Community Development, 452 A.2d 968, 969-70 (D.C.1982) ("[t]he use of legislative history as an aid in interpretation is proper when the literal words of the statute would bring about a result completely at variance with the purpose of the Act"); District of Columbia v. Orleans, 132 U.S.App.D.C. 139, 141, 406 F.2d 957, 959 (1968) ("the `plain meaning' doctrine has always been subservient to a truly discernible legislative purpose however discerned, by equitable construction or recourse to legislative history").4

These exceptions to the plain meaning rule should not, however, be understood to swallow the rule completely. There are strong policy reasons for maintaining the certainty, fairness, and respect for the legal system that the plain meaning rule engenders in most instances. Unless the meaning of statutes can be readily ascertained by a reading of statutory language, the ability of citizens to comply with statutory standards is diminished and the administration of such standards may be unmanageable or even erratic. For these reasons, a court should look beyond the ordinary meaning of the words of a statute only where there are "persuasive reasons" for doing so. Tuten v. United States, 440 A.2d 1008, 1013 (D.C. 1982), aff'd ___ U.S. ___, 103 S.Ct. 1412, 75 L.Ed.2d 359 (1983).

We find no such "persuasive reasons" to support the Donahue holding. The legislative history relied on by the court in Donahue, as well as by both parties in this case, is ambiguous and conflicting on the issue before the court.5 Where legislative materials are "`without...

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