Cited by
Opinions in Minnesota that cite The Maytag Co. v. Commissioner of Taxation, 17 N.W.2d 37.
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State of Minnesota,
Minn. 2021
Maytag Co. v. Comm’r of Taxation, , 39 (Minn. 1944); Eberle v. Miller , 212 N.W.
- In RE: The APPEAL FROM the FINAL ORDER OF the BOARD OF MANAGERS OF the BOIS DE SIOUX … 889 N.W.2d 575 Minn. Ct. App. 2016
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In RE: The APPEAL FROM the FINAL ORDER OF the BOARD OF MANAGERS OF the BOIS DE SIOUX …
889 N.W.2d 575
Minn. Ct. App. 2016
Minnesota caselaw provides that “the word and may be construed as a disjunctive where the sense of the statute plainly requires it.” Maytag Co. v. Comm’r of Taxation, 218 Minn. 460, 463
- Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent. 884 N.W.2d 611 Minn. 2016
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Ferdinand Leo Gams, Jr., Respondent/Cross-Appellant v. Steven Ronald Houghton, Appellant/Cross-Respondent.
884 N.W.2d 611
Minn. 2016
(noting that this court has long applied the maxim that when there is an express enumeration of the 7 persons or things to be affected by a particular provision, “there is an implied exclusion of others” (quoting Maytag Co. v. Comm’r of Taxation, 218 Minn. 460, 463, )).
- City of Saint Paul v. Eldredge 800 N.W.2d 643 Minn. 2011
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City of Saint Paul v. Eldredge
800 N.W.2d 643
Minn. 2011
Second, we have long applied the maxim that when a statute “enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Comm’r of Taxation, 218 Minn. 460, 463
- City of Saint Paul v. Eldredge 788 N.W.2d 522 Minn. Ct. App. 2010
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City of Saint Paul v. Eldredge
788 N.W.2d 522
Minn. Ct. App. 2010
“Where a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Comm’r of Taxation, 218 Minn. 460, 463
- State v. Hartmann 700 N.W.2d 449 Minn. 2005
- County of Benton v. Kismet Investors, Inc. 653 N.W.2d 193 Minn. Ct. App. 2002
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County of Benton v. Kismet Investors, Inc.
653 N.W.2d 193
Minn. Ct. App. 2002
Maytag Co. v. Comm’r of Taxation, 218 Minn. 460, 463
- Hannan v. City of Minneapolis 623 N.W.2d 281 Minn. Ct. App. 2001
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Hannan v. City of Minneapolis
623 N.W.2d 281
Minn. Ct. App. 2001
See Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463-64 , (“[W]here the statute designates an exception, proviso, saving clause, or a negative, * * * the exclusion of one thing includes all others.” (citations omitted)).
- Goplen v. Olmsted County Support & Recovery Unit 610 N.W.2d 686 Minn. Ct. App. 2000
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Goplen v. Olmsted County Support & Recovery Unit
610 N.W.2d 686
Minn. Ct. App. 2000
This result is inconsistent with the well-established rule that “[wjhere a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463
- A/AL, INC. v. City of Faribault 569 N.W.2d 546 Minn. Ct. App. 1997
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A/AL, INC. v. City of Faribault
569 N.W.2d 546
Minn. Ct. App. 1997
This interpretation of the statute is in accord with the well-established rule that “[w]here a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463 , see also Minn.Stat.
- Thompson v. Commissioner of Public Safety 567 N.W.2d 280 Minn. Ct. App. 1997
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Thompson v. Commissioner of Public Safety
567 N.W.2d 280
Minn. Ct. App. 1997
See Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463 , (“and” may be construed as a disjunctive where the sense of the statute plainly requires it, thereby changing “and” to “or”).
- Brandt v. Hallwood Management Co. 560 N.W.2d 396 Minn. Ct. App. 1997
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Brandt v. Hallwood Management Co.
560 N.W.2d 396
Minn. Ct. App. 1997
“Where a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463 , (citations omitted); Minn.Stat.
- County of Morrison v. Litke 558 N.W.2d 16 Minn. Ct. App. 1997
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County of Morrison v. Litke
558 N.W.2d 16
Minn. Ct. App. 1997
Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463
- Lilly v. City of Minneapolis 527 N.W.2d 107 Minn. Ct. App. 1995
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Lilly v. City of Minneapolis
527 N.W.2d 107
Minn. Ct. App. 1995
See Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 464 , (the exclusion of one thing includes all others).
- In Re the Joint Petition of Rochester Express Limousine Service, Inc. 508 N.W.2d 788 Minn. Ct. App. 1993
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In Re the Joint Petition of Rochester Express Limousine Service, Inc.
508 N.W.2d 788
Minn. Ct. App. 1993
See Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463 , (where a statute specifies persons or things to be affected by its provisions, others are implicitly excluded).
- Hewitt v. City of Montrose 488 N.W.2d 5 Minn. Ct. App. 1992
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Hewitt v. City of Montrose
488 N.W.2d 5
Minn. Ct. App. 1992
4 (1988); see also Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463 , -40 (1944) (when a statute enumerates things to be affected by its provisions, there is an implied exclusion of others).
- State v. Harstad 397 N.W.2d 419 Minn. Ct. App. 1986
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State v. Harstad
397 N.W.2d 419
Minn. Ct. App. 1986
” As expressed in Minnesota case law, “[wjhere a statute enumerates the persons or things to be affected by its provisions, there is an implied exclusion of others.” Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463
- Pitkin v. Gross 385 N.W.2d 367 Minn. Ct. App. 1986
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Pitkin v. Gross
385 N.W.2d 367
Minn. Ct. App. 1986
See Maytag Co. v. Commissioner of Taxation, 218 Minn. 460, 463
- Grain Belt Breweries, Inc. v. Commissioner of Taxation 243 N.W.2d 322 Minn. 1976
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Grain Belt Breweries, Inc. v. Commissioner of Taxation
243 N.W.2d 322
Minn. 1976
of Taxation, 218 Minn. 460, 464 , also is inapposite because it involved whether certain sales were made “through, from, or by offices, agencies, branches, or stores” within the taxing state.
- Ralston Purina Co. v. Commissioner of Revenue 236 N.W.2d 779 Minn. 1975
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Ralston Purina Co. v. Commissioner of Revenue
236 N.W.2d 779
Minn. 1975
of Taxation, 218 Minn. 460, 463 , we construed a provision which was substantially similar to clause (1)(a) of Minn. St.
- Fridley Recreation & Service Co. v. Commissioner of Taxation 194 N.W.2d 584 Minn. 1972
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Fridley Recreation & Service Co. v. Commissioner of Taxation
194 N.W.2d 584
Minn. 1972
of Taxation, 218 Minn. 460
- Tonka Corporation v. Commissioner of Taxation 169 N.W.2d 589 Minn. 1969
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Tonka Corporation v. Commissioner of Taxation
169 N.W.2d 589
Minn. 1969
of Taxation, 218 Minn. 460 , 17 N. W. (2d) 37 , we held that the income of the taxpayer from out-of-state orders made through its regional branch sales office in Minnesota, but approved at its home office outside the state, from which its merchandise was shipped, was taxable by Minnesota.
- Western Auto Supply Co. v. Commissioner of Taxation 71 N.W.2d 797 Minn. 1955
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Western Auto Supply Co. v. Commissioner of Taxation
71 N.W.2d 797
Minn. 1955
of Taxation, 218 Minn. 460 , 17 N. W. (2d) 37 , since the sales made to dealer stores were made by, through, and from an office outside the state, and under our law these are not construed as Minnesota sales.
- State Ex Rel. Grozbach v. Common School District No. 65 54 N.W.2d 130 Minn. 1952
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State Ex Rel. Grozbach v. Common School District No. 65
54 N.W.2d 130
Minn. 1952
of Taxation, 218 Minn. 460 , 17 N. W. (2d) 37 .
- Board of Education of City of Minneapolis v. PUBLIC SCHOOL EMPLOYEES'UNION LOCAL NO. 63, AFL 45 N.W.2d 797 Minn. 1951
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Board of Education of City of Minneapolis v. PUBLIC SCHOOL EMPLOYEES'UNION LOCAL NO. 63, AFL
45 N.W.2d 797
Minn. 1951
of Taxation, 218 Minn. 460, 463 , 17 N. W. (2d) 37, 40 , we stated: “* * * Where a statute enumerates the persons or things to he affected by its provisions, there is an implied exclusion of others.
- Marshall-Wells Co. v. Commissioner of Taxation 20 N.W.2d 92 Minn. 1945