Although the owner of the Lincoln, Crete Carrier Corp., claimed to be a resident of Florida for many years. living in Neb., the Nebraska Supreme Court ruled that they must pay Nebraska income tax for those years.

Florida has no state income tax.

The Nebraska Supreme Court affirmed the district court’s ruling that the state Department of Revenue’s decision was valid and that the owners had not proven they were Florida residents.

Phyllis and Duane Acklie purchased Crete Carrier Corp. in 1971 and grew the company into one of the largest transportation companies in the United States. member.

Both were born in Nebraska in the 1930s and had residences in Lincoln during the period under review. They also owned several investment properties in Lancaster County, Nebraska, and properties elsewhere in Nebraska and other states.

Complaints about residency in Florida

In 2008, they bought a house in Florida, got their Florida driver’s license, registered a car in Florida and registered to vote in Florida. When they renewed their passports in 2012, they listed Florida as their home.

Additionally, in 2013 Duane Acklie executed a codicil to a will created in 2010 in Nebraska. The codicil, which was an amendment to the will, left out his Nebraska residence and stated that he was domiciled in Florida.

Reasons for Denial of Acklies’ Florida Residency

Despite the claims, in an audit for fiscal years 2010-14, the Nebraska Department of Revenue found that the Acklies:

  • Maintained two residences in Nebraska.
  • Vehicles and watercraft registered in Nebraska.
  • Listed as a Nebraska salaried employee in the Crete Carrier Corp. office. on application to the Department or Revenue.
  • Maintained large estates in Nebraska and received income from them.
  • Property tax returns were mailed to addresses in Lincoln.
  • Spent more than six months of every year in Nebraska except 2014.
  • Used Lincoln as a base for the trip.

The Nebraska Supreme Court ruled that the Department of Revenue made a reasonable decision and that the district court’s findings of fact were supported by competent evidence.

“The district court’s determination that both Duane and Phyllis failed to prove that they changed their residence from Nebraska to Florida for any tax year in the control period is consistent with of the law, is supported by competent evidence, and is neither random, distorted, nor meaningless. unreasonable,” the high court said in concluding its decision.

Read the decision here.

Crete Carrier is the largest company, reports Dun & Bradstreet. It provides dry trucking services in the contiguous 48 states. It operates from about two dozen ports, primarily in the Midwest and Southeastern U.S. The company’s Shaffer Trucking group carries temperature-controlled cargo, and Hunt Transportation (not affiliated with JB Hunt Transport Services) transports heavy equipment and other loads on flatbeds. LL

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