dissenting. In 1965, the General Assembly passed Act 570, which amended the Tax Code for income taxes and read in relevant part:
(2) The words ‘gross income’ do not include the following items, which shall be exempt from taxation under this act[:]
....
(j) Dividends received by a corporation doing business within this state from a subsidiary, if at least ninety-five percent (95%) of the subsidiary’s capital stock is owned by such corporation doing business within this state.
Act 570 of 1965 is codified at Ark. Code Ann. § 26-51-404(b)(9) (Supp. 1995).
In 1979, the General Assembly passed Act 708 to clarify the filing of consolidated corporate income tax returns in Arkansas. Act 708 stated as part of its purpose: “This Act is based upon the concept of filing Federal consolidated income tax returns.” The Act further stated that corporations that qualify for filing a consolidated return are those eligible members of an affiliated group as that term is defined in 26 U.S.C. § 1504(a) and (b). Act 708 of 1979 is codified at Ark. Code Ann. § 26-51-805(a)(l) (Repl. 1997).
The United States Code defines “affiliated group” as one or more chains of includable corporations connected through stock ownership with a common parent corporation. 26 U.S.C. § 1504(a)(1). The parent corporation of an “affiliated group” must own at least eighty percent of the stock of the includable corporation. 26 U.S.C. § 1504(a)(2).
The exemption percentage remained ninety-five percent in Arkansas until 1997 when Act 1189 was passed. Act 1189 changed the subsidiary’s percentage from ninety-five percent to eighty percent. In section 3 of Act 1189, the General Assembly acknowledged that Arkansas income tax law was “at variance” with federal income tax law on the percentage figure and stated that the Act was passed to treat state and federal income taxes “in the same manner” and was not intended to affect existing controversies or have an effect on the interpretation of prior law.
The majority opinion concludes that since the 1979 Act references the United States Code’s definition of “affiliated group” and states that the federal concept of consolidated returns will apply, the 1965 Act with the ninety-five percent figure was effectively repealed for consolidated returns. I do not see it that way.
To be sure, Act 708 of 1979 directs corporations to the United States Code for a definition of “affiliated group,” but it is silent on what percentage of ownership of a subsidiary company is necessary for an income tax exemption. That, of course, is clearly and unambiguously set out in Act 570 of 1965. All Act 708 did was define what comprises an affiliated group to enable corporations to file consolidated returns. Consolidated returns, of course, may be filed for a variety of reasons and not simply to take advantage of the dividend exemption. Act 708 did not adopt or incorporate the federal regulation which provides the exemption from federal income tax for dividends paid by a corporation to a parent. See 26 C.F.R.. § 1.1502-14. Hence, Arkansas’s ninety-five percent criterion stayed in place and was not affected by the 1979 Act. Again, this ninety-five percent criterion was not repealed by the General Assembly until 1997. And the stated intent of the General Assembly in 1997 was to eliminate the variance in percentages between Arkansas and federal income tax law.
Here, we are talking about a tax exemption. Act 570 of 1965 makes that fact abundantly clear. Tax exemptions in this state must be proved beyond a reasonable doubt. See City of Little Rock v. McIntosh, 319 Ark. 423, 892 S.W.2d 462 (1995) (citing Pledger v. Baldor Int’l, 309 Ark. 30, 827 S.W.2d 646 (1992)). That is a hefty burden of proof for the taxpayers, as a strong presumption operates in favor of the taxing power. See id. (citing Ragland v. General Tire & Rubber Co., 297 Ark. 394, 763 S.W.2d 70 (1989)). Moreover, we take pains to harmonize tax statutes which are seemingly in conflict. See, e.g, Central & Southern Cos., Inc. v. Weiss, 339 Ark. 76, 3 S.W.3d 294 (1999). And it is blackletter law for statutory construction to give effect to the specific statute over the general. See Board of Trustees for City of Little Rock Police Dept. Pension & Relief Fund v. Stodola, 328 Ark. 194, 942 S.W.2d 255 (1997) (citations omitted). Finally, this court has recently held that the legislative intent of Act 780 of 1979 was for concepts of federal taxation to apply “unless a different treatment is prescribed by Arkansas law.” Central & Southern Cos., Inc., 339 Ark. at 83, 3 S.W.3d at 299. Clearly, Arkansas law provided a different treatment for tax exemptions for subsidiary dividends.
Viewing the significant burden of proof on the Holding Company to prove its exemption as well as the clear statement of the stock ownership necessary in Arkansas for an exemption during the relevant time period, I would reverse the trial court and hold that the Holding Company did not qualify for the exemption. In my opinion, with Act 708 of 1979, the General Assembly merely adopted the federal concept of consolidated returns and the federal definition of affiliated groups while retaining Arkansas’s specific statute on stock ownership. See Central & Southern Cos., Inc. v. Weiss, supra. That statutory interpretation easily harmonizes the two statutes.
Accordingly, I dissent.
IMBER, J., joins.