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KC Chiefs take $1M sales tax fight to MO Supreme Court

September 29, 2019

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The Kansas City Chiefs, with its star quarterback Patrick Mahomes, is among the handful of teams that National Football League watchers say have a shot at winning Super Bowl LIV next February.

But the Missouri professional football team could be facing a tougher fight off the field.

Last week, the Chiefs' attorneys argued before the Missouri Supreme Court that most of the NFL team's expenditures on items to renovate Arrowhead Stadium almost a decade ago should not be subject to the state's sales tax.

This current court tax battle, which started in 2014, is due to an appeal by the team of a Missouri Department of Revenue panel's decision that the Chiefs owe more than $1 million in back taxes related to the facility's refurbishment.

A state audit, on the other hand, contends that the team used the Jackson County Sports Authority's tax exemption on parts of the 2008 to 2010 stadium renovation that it shouldn't have.

In question are sales tax exemptions on $23 million in purchases.

Media reports say the state auditor found that items such as leotards for cheerleaders and weight-lifting equipment didn't fall under the public purpose of fixing up the stadium. Therefore, the state says the Chiefs should have paid the $1 million plus in sales tax on those items.

That $1 million+ tax amount earns this week's By the Numbers recognition.

Long-simmering tax fight: The overall stadium renovations total almost a decade ago came to $375 million.

Kansas_City_Arrowhead_Stadium_prior-to-2008-2010-renovations_Greenstrat-photo-via-Wikipedia-Commons

Arrowhead Stadium before its 2008-2010 renovations. (Photo by Greenstrat via Wikipedia Commons)

Around $250 million of that was raised by a 2006 voter-approved 3/8ths of a percent sales tax. The remainder was paid by the Chiefs.

The Chiefs argue that most of the $125 million the team kicked in should be exempt from sales tax because the money went into a fund controlled by the Jackson County Sports Complex Authority.

The ultimate tax decision isn't a fiscal make-or-break for a professional football team that's estimated to be worth more than a billion dollars.

What is at stake in the legal challenge is the tax principle.

Owner vs. contractor status: The determining factor in who owes the tax could come down to whether the team is deemed an owner in connection with the stadium work or just a contractor, reports Jacqueline Lemp in the Missourian.

If the Chiefs are the owners, then they are liable for the taxes. If, however, they are considered to be just a contractor, then they would not have to pay the sales tax bill.

The Chiefs organization contends that most of the $125 million the team kicked in should be exempt from sales tax because the money went into a fund controlled by the Jackson County Sports Complex Authority.

"While the Chiefs are listed as the owner, it's very clear that the only owner was the county," which administered the sports complex fund into which the team put its part of the renovation, according to Chiefs' attorney Mark Olthoff.

The state, however, says that since the Chiefs name was listed on the purchase orders and they were able to choose the items for the stadium, they bear the tax responsibility.

"Under the sales and use tax, since they are the purchaser, they are responsible for that," Assistant Deputy Attorney General for Special Litigation Justin Smith told the justices.

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It’s over! With October’s extended filing deadline behind us, it is now time to focus on year-end moves to reduce your 2026 tax bill. 

You’ll find ways to do just that on the Tax Tips page (see the More Tax Posts drop-down menu at the top of the blog), as well as the separate tax tip pages for each month, notably October through December. If you’re on the Tax Tips page, you’ll find a monthly list at the end of this column. If you’re on another blog page, you can head straight to the October tips; at the bottom of that tips page you’ll find links to all the other 11 months’ collections of tax advice.

Not to spoil what you’ll find in that tax advice, but it does cover such things as tax deductions for charitable donations, investment moves that could reduce tax due, and ways to max out your tax-favored retirement savings. 

Finally, as the year winds down, things get hectic. There are lots of other things to occupy our time, like the much more fun upcoming holidays. But don’t lose sight of taxes, since timing is key. To be of use, most tax moves must be made by the end of the tax year. That’s Thursday, Dec. 31, which also is the last business day of the year. 

So that you don’t miss that final tax year deadline, also keep an eye on the countdown clock below. It will keep you on top of just how much time is left to make important, tax-saving moves. (Note: I’m in the Central Time Zone, so adjust accordingly for where you live.)

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