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Petition with Decision Document.pdf

Rim 4 Group LLC Petitioner Vs. Michigan Department Of Treasury Respondent · 26-002714-TT

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STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

_____________________________, 

Petitioner(s) 

MICHIGAN TAX TRIBUNAL 

v 

MTT Docket No. 

_____________________________, 

Respondent(s) 

ENTIRE TRIBUNAL NON-PROPERTY TAX PETITION 

1. 

Assessment No: ___________________________________________________ 

2. 

The type of tax at issue is 

3. 

This appeal involves issues relating to the (check all that are applicable): 

________ Tax 

________ Interest 

________ Penalty 

________ Refund of tax in the amount of $_____________ 

4. 

The action that prompted this appeal is 

5. 

Petitioner’s legal residence or principal office address is: 

6. 

The amounts as assessed are: 

Tax 

Interest 

Penalties 

MICHIGAN TAX TRIBUNAL · 611 W. OTTAWA ST., LANSING, MI 48933 · 517-335-9760 

PO BOX 30232, LANSING, MI 48909 · Other Carriers: 2407 N. GRAND RIVER AVE., LANSING, MI 48906 

RIM 4 GROUP, LLC

DCT

MICHIGAN DEPARTMENT OF TREASURY

1894306

SALES AND USE TAX

X

X

X

DECISION AND ORDER OF DETERMINATION DATED MAY 19, 2026 FROM 

AN INFORMAL CONFERENCE (COPY ATTACHED AS EXHIBIT A)

6230 NORTH SERVICE DRIVE, WATERFORD, MICHIGAN 48327

$279,000.00

UNKNOWN

UNKNOWN

Page 2

MTT Docket No. - --- --

Page 2 of 2 

7. 

Petitioner contends that the assessment should be as follows: 

$0.00 

I Interest 

$0.00 

I Penalties 

8. 

The values in dispute are: 

Tax 

Interest 

Penalties 

$279,000.00 

UNKNOWN 

UNKNOWN 

9. 

Petitioner requests the following relief (attach additional page if 

necessary): ________________________ _ 

FIND THAT THE PURCHASE OF THE AIRCRAFT IS EXEMPT FROM BOTH SALES 

AND USE TAX PURSUANT TO 

10. 

List the separate and specific facts upon which Petitioner relies to support the 

relief requested (attach additional page if necessary): 

SEE ATTACHED 

Signature:'cifP""·it-t~A~~orized Representative or, if none, Petitioner: 

_, /

:;.i;.--s<~~I 

1-1:(lJ..!.!, _______ 

/ ' 

Printed Name of Petitioner's Authorized Representative or, if none, Petitioner: 

STUART LEE SHERMAN 

Email Address: STUART.SHERMAN @SBCGLOBAL.NET 

Mailing Address: 

STUART LEE SHERMAN, PC, 3707 WEST MAPLE ROAD, SUITE 302, BLOOMFIELD HILLS, 

MICHIGAN 48301 

Telephone Number: _2_48_-6_3_1-_49_6_5 ____ ________________ 

_ 

Date: JULY 19, 2026

Page 3

1. 

A 2002 Cessna Model 560 XL aircraft was purchased by RIM 4 Group, LLC on 

February 26, 2025 for the sole purpose of leasing said airplane to DCT Air, LLC, a Domestic Air 

Carrier as such term is defined in MCL §205.54x(5)(c) and which is a registered air carrier with 

the Federal Aviation Administration (FAA). 

 

2. 

The aircraft was leased to DCT Air, LLC from RIM 4 Group, LLC under an Aircraft 

Operating Lease Agreement, which provides that DCT Air, LLC is responsible for “all costs, 

expenses, fees, and charges” for the aircraft. This includes all maintenance costs. 

 

3. 

On April 21, 2025 the FAA granted RIM 4 Group, LLC a registration certificate for 

the aircraft. 

 

4. 

RIM 4 Group, LLC filed Michigan Department of Treasury Form 518 in either late 

February, 2025 or early March, 2025.

Page 4

Exhibit A

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STATE OF MICHIGAN 

DEPARTMENT OF TREASURY 

DECISION AND ORDER OF DETERMINATION 

RIM 4 Group LLC 

Docket No. 2026-0051 

Michael Khakham 

Equalization Tax 

6230 N Service Drive 

Intent to Assess: 1894306 

Waterford, MI 48327 

Tax Period: 04/2025 

The Department, having reviewed the recommendation of the Referee in the above captioned 

matter, and having been advised in the premises; and 

It appearing that this recommendation is supported by authority and reasoned opinion, and 

that the same accordingly be accepted; 

Now therefore it is ordered and determined that Intent to Assess 1894306 is upheld, as 

originally determined, for tax in the amount of $279,000.00 and statutory interest. 

It is further ordered and determined that the Departrnent shall issue a final assessment against 

you for the tax and interest due. The tax due on this assessment will be subject to the accrual of 

such additional interest as is provided by 1941 PA 122. The final assessment will provide your 

appeal rights. 

DATED: 

MAY 19, 2026 

, 

Ls 

4 

od 

a 

Sopcan 

\ fol 

Regina R. Blough, Admihistrator 

Hearings Division 

On Behalf of the State Treasurer 

ie: 

Stuart Lee Sherman PC 

Stuart Sherman 

3707 West Maple Rd, Ste. 302 

Bloomfield Hills, MI 48301 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED

Page 6

STATE OF MICHIGAN 

DEPARTMENT OF TREASURY 

RIM 4 Group LLC 

Docket No. 2026-0051 

Michael Khakham 

Equalization Tax 

6230 N Service Drive 

Intent to Assess: 1894306 

Waterford, MI 48327 

Tax Period: 04/2025 

INFORMAL CONFERENCE RECOMMENDATION 

An informal conference for this matter took place on April 23, 2026, as scheduled. Michael 

Khakham and Stuart Sherman appeared by telephone on behalf of RIM 4 Group LLC 

(“Petitioner”). The Michigan Department of Treasury (“Department”) was represented by 

Franklin Argentine and Lenise Glanton who appeared by video on behalf of the Department’s 

Discovery and Tax Enforcement Division. 

FACTS 

On April 21, 2025, the Federal Aviation Authority (“FAA”) granted Petitioner a registration 

certificate for the subject aircraft, 

a 2002 Cessna model 560XL aircraft, registration # N827JN. 

The FAA later shared information concerning the registration with the Department. 

On May 27, 2025, the Department issued a Letter of Inquiry Concerning Aircraft in Michigan. 

The Department enclosed Forms 4281 and 1989 and requested that Petitioner complete and 

return the forms. The letter indicates, in pertinent part: 

Why You Are Receiving This Letter 

The Discovery and Tax Enforcement Division received information from the 

Federal Aviation Administration that identifies you as registering the aircraft ... in 

Michigan for the tax period April 2025. 

Under Michigan's Streamlined Sales and Use Tax Revenue Equalization Act, the 

tax on the transfer of an aircraft is 6% of the retail dollar value of the aircraft at 

the time of acquisition as determined by the Michigan Department of Treasury 

(Treasury). A credit against the tax is allowed for an amount equal to any Use Tax 

paid by the taxpayer under MCL 205.93 on the purchase price for the same 

aircraft. 

How to Respond 

Complete the Aircraft Transfer Questionnaire (Form 4281) and submit copies of 

the documentation indicated on the questionnaire. If you do not qualify for an

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Docket No. 2026-0051 

Page 2 of 10 

exemption, also complete the Tax Calculation for Nonqualified Aircraft Transfer 

(Form 1989) to determine the tax due... 

A written statement without supporting documentation is not acceptable and 

will not delay issuance of an assessment. 

Line 6 on Form 4281 indicates, in pertinent part: 

For tax years that begin after December 31, 2001, in order to make a valid 

election a lessor of tangible personal property that is an aircraft must obtain a 

use tax registration by the earlier of: 

1. The date set for the first payment of use tax under the lease or rental 

agreement, or 

2. 90 days after the lessor first brings the aircraft into this state 

If you are claiming to be a lessor of aircraft, please provide all of the following: 

1. Copies of all the lease agreements for this aircraft 

2. A copy of your Michigan Use Tax Registration 

3. Copies of the flight logs for this aircraft 

4. Copies of advertisements and/or marketing agreements 

On July 7, 2025, the Department received the following from Petitioner: 

e 

A copy of the Letter of Inquiry 

eo 

A letter dated July 3, 2025 

e 

A completed Form 4281 (Aircraft Transfer Questionnaire) 

e 

An Aircraft Purchase Agreement dated December 2, 2024, for $4,650,000.00 with 

Exhibits A and B 

Petitioner’s letter explained, in pertinent part: 

It is our position that the purchase of this aircraft is exempt from both sales and 

use tax pursuant to MCL §205.54x(4) as to sales tax and MCL §205.94(1)(v) as to 

use tax. 

The airplane was purchased by [Petitioner] for the sole purpose of leasing said 

airplane to DCT Air, LLC, a Domestic Air Carrier as such term is defined in MCL 

§205.54x(5)(c) and which is a registered air carrier with the Federal Aviation 

Administration (FAA). It was leased to DCT Air, LLC from [Petitioner] under an 

Aircraft Operating Lease Agreement, which provides that DCT Air, LLC is 

responsible for “all costs, expenses, fees, and charges” for the aircraft. This 

includes all maintenance costs.

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Docket No. 2026-0051 

Page 3 of 10 

Petitioner's letter neither indicated Petitioner submitted a Form 518 “Registration for Michigan 

Taxes” nor enclosed a copy of Petitioner's Form 518. 

With that letter, Petitioner submitted Form 4281. At Line 6 of Petitioner's Form 4281 — where 

the Department specifically states “...in order to make a valid election a lessor of tangible 

personal property that is an aircraft must obtain a use tax registration...” and asks the lessor to 

provide a copy of their Michigan Use Tax Registration — Petitioner typed on the form “Exempt 

from Use Tax pursuant to MCL §205.94(1)(v).” Despite filling out that section of the form, 

Petitioner failed to enclose proof it obtained a use tax registration. 

On October 31, 2025, the Department issued Intent to Assess 1894306 for tax of $279,000.00 

and interest. The Intent explained the Department assessed Petitioner equalization tax under 

MCL 205.179 based on the retail dollar value of the aircraft at the time of acquisition as listed 

by the Aircraft Bluebook, less a credit allowed for an amount equal to any use tax paid under 

MCL 205.93 on the same property. Further, it explained that documentation Petitioner 

provided was insufficient to prove that the reported sales price was the retail value. 

On January 5, 2026, the Department received the following from Petitioner: 

e 

A Request for Hearing/Informal Conference 

e 

A letter dated December 26, 2025, reiterating Petitioner's position 

e 

A copy of the Intent to Assess 

e 

An Aircraft Purchase Agreement dated December 2, 2024, for $4,650,000.00 with 

Exhibits A, B, C, D, E, G, H [no Exhibit F] 

e 

An Aircraft Operating Lease Agreement dated March 1, 2025, between Petitioner as 

Owner and DCT Air, LLC as Lessee, and Michael Khakham signing for both entities 

e 

An N# Change Request 

e 

An Assignment of Special Registration Numbers 

e 

An Air Carrier Certificate with an effective date of November 4, 2015 

e 

A printout from the DCT Air website about the entity 

e 

A Registration for Michigan Taxes for Petitioner 

On March 24, 2026, the Department issued a Notice of Assignment to Referee and Informal 

Conference. 

During the informal conference, Petitioner reiterated the position it outlined in its letter dated 

July 3, 2025. 

During the informal conference, the Department presented its position that the Department 

must receive a use tax registration (Form 518) within 90 days after an aircraft enters Michigan. 

Petitioner failed to submit such. 

Petitioner responded that it sent the required registration to the State timely and the State

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Docket No. 2026-0051 

Page 4 of 10 

failed to process it. Petitioner did not learn of the Department's failure to process the 

registration until the Department denied the use tax exemption in a letter. 

The Department responded that it did not receive Form 518 and it requires proof Petitioner 

submitted it. The Registration Form the Department received was dated January 5, 2026 (or 

2025)—the Department indicated it is not legible. 

Petitioner responded that it sent a registration in late February 2025 or early March 2025. 

Petitioner explained that to a Department representative by telephone or email and the 

Department representative did not mention the need for that form until after the 90 days 

expired. 

The Department responded that it sends a Letter of Inquiry each time it receives information 

from the FAA indicating a person has been granted an aircraft registration certificate. The letter 

notifies the taxpayer of the need for use tax registration and other requirements. 

Petitioner then explained the aircraft at issue here entered Michigan on May 13, 2025, the 

Department issued the Letter of Inquiry on May 27, 2025, and the two parties communicated 

back and forth, but it was not until August 20 or August 25, 2025 that the Department 

representative mentioned to Petitioner that the Department did not receive the required use 

tax registration. By then, the 90-day requirement had expired. It was an issue in the original 

filing, yet the Department representative did not raise the issue until August. Petitioner sent 

the use tax registration in and is not sure what happened to it. Petitioner would not have 

thought anything of the lack of receipt of a use tax license because Petitioner thought it was 

exempt from tax. Petitioner does not agree that it should have to register for use tax, but it did 

so anyhow and then returned to what it does for a living—leasing aircraft. Petitioner's CPA 

prepared the use tax registration paperwork, Petitioner signed it, and Petitioner sent it in by US 

Mail. 

The Hearing Referee established a two-week deadline for Petitioner to submit proof 

establishing when it submitted its use tax registration to the Department. 

On April 24, 2026, the Department’s Registration Services confirmed in an email to the 

Department representative in this matter that a rejected Form 518 from Petitioner does not 

exist in the Department’s system. Further, Registration Services indicated that if it had received 

and rejected a Form 518, it would have issued a rejection letter to Petitioner requesting the 

required documents. 

On May 6, 2026, the Department received a fax from Petitioner which included the following: 

e 

A letter dated December 26, 2025 

e 

An Affidavit from Petitioner's CPA 

e 

An Affidavit from the owner of Petitioner

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Docket No. 2026-0051 

Page 5 of 10 

The Department reviewed the submission and responded that its position had not changed. 

ANALYSIS AND CONCLUSION 

The issue in this matter is whether Intent to Assess 1894306 should be upheld. 

The Michigan Use Tax Act (“UTA”), MCL 205.91 et. seq., imposes a 6% tax “for the privilege of 

using, storing, or consuming tangible personal property in this state...” MCL 205.93(1). MCL 

205.93(2) provides that when transferring or registering aircraft, a use tax is due and collected 

by the Secretary of State. Such tax is derived by multiplying 6% (tax rate) by the price of an 

aircraft. MCL 205.93(1). 

The Streamlined Sales and Use Tax Revenue Equalization Act (“Equalization Act”), MCL 205.179, 

provides that a specific tax applies to persons who register, store, or transfer a non-qualified 

aircraft in Michigan “at a rate of 6% of the retail value at the time of acquisition.” More 

specifically, the Streamlined Sales and Use Tax Revenue Equalization Act, MCL 205.179, 

provides: 

(1) Except as provided in subsection (2), there is levied upon and there shall be 

collected from every person in this state a specific tax on the privilege of storing, 

registering, or transferring ownership of any ... aircraft other than a qualified 

aircraft under section 11...in this state at a rate of 6% of the retail dollar value at 

the time of acquisition as determined by the department of treasury. The tax 

shall be paid by the transferee ... The tax on an aircraft shall be paid to the 

department. 

(2) A transfer for purposes of resale or a transfer that is exempt under any other 

exemption under the use tax is exempt from the tax levied under subsection (1). 

A transfer subject to tax under the general sales tax act is exempt from the tax 

levied under subsection (1). 

(3) A credit against the tax levied under subsection (1) is allowed for an amount 

equal to any use tax paid by the taxpayer on the same property. The credit under 

this section shall not exceed the tax imposed by this act. 

Petitioner entered into a purchase agreement for the aircraft on December 2, 2024, for 

$4,650,000.00 and paid a $100,000.00 deposit. 

Ownership of the aircraft transferred to Petitioner on February 26, 2025, per the FAA Aircraft 

Bill of Sale on which Petitioner indicated a Michigan address. The subject aircraft was registered 

in Michigan and is not a qualified aircraft, per the Streamlined Sales and Use Tax Revenue 

Equalization Act.

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Docket No. 2026-0051 

Page 6 of 10 

The issue in this matter is whether Petitioner may report and pay use tax on the rental receipts 

from the rental of the aircraft. 

The Use Tax Act, at MCL 205.92(1)(b), broadly defines “use” as “the exercise of a right or power 

over tangible personal property incident to the ownership of that property including transfer of 

the property in a transaction where possession is given.” On March 1, 2025, Petitioner entered 

into an Aircraft Operating Lease Agreement that granted exclusive rights to the aircraft to 

another entity in exchange for lease payments and both parties reported a Michigan address on 

the Aircraft Operating Lease Agreement. 

Petitioner used the aircraft in Michigan, per MCL 205.92(1)(b), and was subject to use tax under 

MCL 205.93(1). Petitioner is liable for use tax to the State of Michigan unless it establishes the 

right to exemption. 

The Use Tax Act, at MCL 205.95; 

(1) Except as otherwise provided in this subsection or subsection (5), a 

person engaged in the business of selling tangible personal property for storage, 

use or other consumption in this state shall register with the department. Every 

seller shall source sles in accordance with [MCL 205.110] and collect the tax 

imposed by this act from the consumer. 

* kk 

(4) A lessor may elect to pay use tax on receipts from the rental or lease 

of the tangible personal property in lieu of payment of sales or use tax on the full 

cost of the property at the time it is acquired. For tax years that begin after 

December 31, 2001, in order to make a valid election under this subsection, a 

lessor of tangible personal property that is an aircraft shall obtain a use tax 

registration by the earlier of the date set for the first payment of use tax under 

the lease or rental agreement or 90 days after the lessor first brings the aircraft 

into this state. 

The statute clearly indicates that a lessor must either elect to pay use tax on rental receipts or 

pay sales or use tax on the full cost of the property at the time it is acquired. To make a valid 

election, an aircraft lessor “shall” obtain a use tax registration by the earlier of two dates: the 

date set for the first payment of use tax under the lease agreement or 90 days after the lessor 

first brings the aircraft into Michigan. 

And Mich Admin Code, R 205.132 (Rule 82) reiterates that a person engaged in the business of 

renting or leasing tangible personal property to others shall pay the Michigan sales or use tax at 

the time the person purchases the property, or the person may report and pay use tax on the

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Docket No. 2026-0051 

Page 7 of 10 

rental receipts from the rental thereof. 

Revenue Administrative Bulletin (“RAB”) 2023-13 entitled “Sales and Use Taxes — Lessors” 

provides guidance concerning when lessees and lessors are liable for use tax on lease 

transactions and explains the sales and use tax treatment of tangible personal property 

acquired for lease or rental. The RAB explains that, to make the election to pay on rental 

receipts, the lessor must satisfy each of the following requirements in accordance with MCL 

205.92(h), MCL 205.95(1), Mich Admin Code, R 205.132, and Devonair Enterprises, LLC v Dep't 

of Treasury, 297 Mich App 90 (2012): 

e 

The lessor must be in the business of leasing, which requires a profit motive 

e 

The transaction must involve the rental of tangible personal property (as opposed to the 

provision of a service) 

e 

The lessor must register with the Department to pay use tax unless the lessor already 

holds a sales tax license 

Despite the requirement outlined in both MCL 205.95(1) and RAB 2023-13 that a person must 

register with the Department to pay use tax, Petitioner has not proven it registered with the 

Department to pay use tax. 

With its Letter of Inquiry Concerning Aircraft in Michigan dated May 27, 2025, the Department 

enclosed Forms 4281 and 1989 and requested that Petitioner complete and return the forms. 

Form 4281 indicates, in pertinent part: 

For tax years that begin after December 31, 2001, in order to make a valid 

election a lessor of tangible personal property that is an aircraft must obtain a 

use tax registration by the earlier of: 

1. The date set for the first payment of use tax under the lease or rental 

agreement, or 

2. 90 days after the lessor first brings the aircraft into this state 

If you are claiming to be a lessor of aircraft, please provide all of the following: 

1. Copies of all the lease agreements for this aircraft 

2. A copy of your Michigan Use Tax Registration 

3. Copies of the flight logs for this aircraft 

4. Copies of advertisements and/or marketing agreements 

Petitioner responded on July 7, 2025, with some of the documents the Department requested, 

but not the Michigan Use Tax Registration required by Michigan statute. Petitioner's letter 

neither indicated Petitioner submitted a Form 518 “Registration for Michigan Taxes” nor 

enclosed a copy of Petitioner's Form 518. 

With that letter, Petitioner submitted Form 4281. At Line 6 of Petitioner's Form 4281 

— where

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Docket No. 2026-0051 

Page 8 of 10 

the Department specifically states “...in order to make a valid election a lessor of tangible 

personal property that is an aircraft must obtain a use tax registration...” and asks the lessor to 

provide a copy of their Michigan Use Tax Registration — Petitioner typed on the form “Exempt 

from Use Tax pursuant to MCL §205.94(1)(v).” Despite filling out that section of the form, 

Petitioner failed to enclose Form 518. 

Petitioner failed to provide a United States Postal Service proof of delivery showing that Form 

518 was mailed by the CPA to Petitioner and/or that Form 518 was mailed by Petitioner to the 

Department. Further, no corroborating communications, such as emails between them, were 

submitted as proof of mailing. Petitioner showed care in submitting numerous other 

documents in July 2025 but failed to provide either a copy of the Form 518 they allegedly 

completed and mailed or a copy of their Use Tax Registration, as required by Michigan law. 

On January 5, 2026, the Department received numerous documents from Petitioner, but 

Petitioner still failed to submit the Michigan Use Tax Registration required by Michigan statute. 

After the informal conference, the Department received two Affidavits indicating Petitioner 

received the Form 518 from its CPA, completed the form, and placed it in the US Mail 

addressed to the Department in either late February 2025 or early March 2025. The registration 

requirements in MCL 205.95(4) and Rule 82 are clear and do not include an element of intent or 

provide reasonable cause exceptions for untimely compliance. Petitioner did not sufficiently 

meet the burden of proof here. 

Further, the Department’s Registration Services confirmed that it did not receive Form 518 

from Petitioner and, if it had received and rejected Form 518, it would have issued a rejection 

letter to Petitioner requesting the required documents. 

The General Sales Tax Act, at MCL 205.68, provides: 

(1) A person liable for any tax imposed under this act shall keep in a 

paper, electronic, or digital format an accurate and complete beginning and 

annual inventory and purchase records of additions to inventory, complete daily 

sales records, receipts, invoices, bills of lading, and all pertinent documents in a 

form the department requires. Except as otherwise provided for a person 

described under subsection (6), if an exemption from the tax under this act is 

claimed by a person because the sale is for resale at retail, a record must be kept 

of the sales tax license number if the person has a sales tax license. These 

records must be retained for a period of 4 years after the tax imposed under this 

act to which the records apply is due or as otherwise provided by law. 

(2) If the department considers it necessary, the department may require 

a person, by notice served upon that person, to make a return, render under 

oath certain statements, or keep certain records the department considers

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Docket No. 2026-0051 

Page 9 of 10 

sufficient to show whether or not that person is liable for the tax under this act. 

* % * 

(4) If a taxpayer fails to file a return or to maintain or preserve sufficient 

records as prescribed in this section, or the department has reason to believe 

that any records maintained or returns filed are inaccurate or incomplete and 

that additional taxes are due, the department may assess the amount of the tax 

due from the taxpayer based on an indirect audit procedure or any other 

information that is available or that may become available to the department. 

That assessment is considered prima facie correct for the purpose of this act and 

the burden of proof of refuting the assessment is upon the taxpayer. An indirect 

audit of a taxpayer under this subsection must be conducted in accordance with 

1941 PA 122, MCL 205.1 to 205.31, and the standards published by the 

department under section 21 of 1941 PA 122, MCL 205.21, and must include all 

of the following elements: 

(a) A review of the taxpayer's books and records. The department may 

use an indirect method to test the accuracy of the taxpayer's books and 

records. 

(b) Both the credibility of the evidence and the reasonableness of the 

conclusion must be evaluated before any determination of tax liability is 

made. 

(c) The department may use any method to reconstruct income, 

deductions, or expenses that is reasonable under the circumstances. The 

department may use third-party records in the reconstruction. 

(d) The department shall investigate all reasonable evidence presented 

by the taxpayer refuting the computation. 

* 

Xk ok 

(8) As used in this section: 

* ok ok 

(b) "Sufficient records" means records that meet the department's need 

to determine the tax due under this act. 

At MCL 205.1044, the Use Tax Act contains a nearly identical provision. It, too, requires records 

to be kept and indicates Department assessments are considered prima facie correct. 

The Use Tax Act, at MCL 205.104a allocates the burden of proof to the taxpayer:

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Docket No. 2026-0051 

Page 10 of 10 

(4) If a taxpayer fails to file a return or to maintain or preserve sufficient records 

as prescribed in this section, or the department has reason to believe that any 

records maintained or returns filed are inaccurate or incomplete and that 

additional taxes are due, the department may assess the amount of the tax due 

from the taxpayer based on an indirect audit procedure or any other information 

that is available or that may become available to the department. That 

assessment is considered prima facie correct for the purpose of this act and the 

burden of proof of refuting the assessment is upon the taxpayer... 

An assessment for use tax, issued by the Department based on available information, is 

considered prima facie correct and the burden of refuting the assessment is upon the taxpayer. 

MCL 205.104a(4). Fulfillment of that burden requires proof by preponderance of the evidence. 

Blue Cross and Blue Shield of Michigan v Milliken. 422 Mich 1, 89; 367 NW2d 1 (1985); Aquilina v 

General Motors Corp, 403 Mich 206, 210-211; 267 NW2d 923 (1978). In this case, Petitioner 

failed to satisfy its burden of proving that the assessment is erroneous. 

Proof by a preponderance of the evidence applies to proceedings before an administrative 

agency. Blue Cross & Blue Shield of Mich v Milliken, 422 Mich 1, 89; 367 NW2d 1 (1985); 

Aquilina v Gen Motors Corp, 403 Mich 206, 210-11; 267 NW2d 923 (1978). This standard 

requires that the fact-finder believe that the evidence supporting the existence of the 

contested fact outweighs the evidence supporting its nonexistence. Blue Cross & Blue Shield, 

422 Mich at 89. The burden of proof in this matter was on Petitioner and Petitioner did not 

meet it. 

RECOMMENDATION 

It is recommended that Intent to Assess 1894306 be upheld, as originally determined, for tax in 

the amount of $279,000.00 and interest. 

Respectfully submitted, 

Kimberly B. Burzych, Referee 

Hearings Division

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