PDA

View Full Version : Man can't challenge $280K tax bill he probably doesn't really owe, Pa. court says




Suzanimal
12-14-2014, 01:20 PM
With undisguised reluctance, Commonwealth Court has issued an order requiring a Philadelphia man to pay a $280,772 tax bill that he probably doesn't really owe.

In fact, city officials acknowledged in court that the tax bill they sent Nathan Lerner was a "jeopardy assessment" based on a fabrication.

The problem is that Lerner didn't follow the right procedural course in challenging it, a Commonwealth Court panel found in a ruling issued this week. And so, the state judges determined, he's stuck with that unfounded tax tab.

Lerner's saga illustrates the complexity of the tax appeals system, the difficulty in navigating it and the peril of not obeying court orders. He initially tried to tackle the appeal process without a lawyer after the city filed a complaint against him in 2009, alleging that he owed more than $200,000 in unpaid business privilege, wage and net profits taxes for 2003 to 2006.

That figure had no basis in fact, however.

Philadelphia has a policy of sending out tax delinquency notices with fictional "jeopardy assessments." Those assessments aren't based on any actual tax determination, and are set deliberately high to induce the targeted taxpayer to contact the city's revenue department to determine the true amount of tax owed, Judge Mary Hannah Leavitt wrote in the Commonwealth Court opinion on the Lerner case.

Philly's revenue collection manager, Denise Reynolds, admitted as much during a 2013 Philadelphia County Court hearing on the Lerner dispute. Leavitt highlighted Reynolds' testimony in her court's opinion.

When Lerner's attorney asked Reynolds whether the jeopardy assessment "is just something you make up to scare the taxpayers to come in," Reynolds replied, "Basically, yes."

Asked about the origin of the numbers for the jeopardy assessments, Reynolds said her manager "really just makes them up."

"We try to make it really high," she said. "We want them to come in and make sure the figures are accurate."

Leavitt noted Lerner's contention that he didn't owe any of the taxes sought by the city. He claimed he didn't even own a business and subsisted primarily on Social Security. In a footnote to her opinion, Leavitt cited the city's claim that Lerner had a business partnership with another man who had made payments to him. Lerner refused to provide the city with any financial records.

According to court filings, Lerner made some legal missteps while trying to fight the tax battle on his own. The fatal one, the Commonwealth Court found, is that he didn't obey county Judge Leon W. Tucker's order to pay for a transcript of a city Tax Review Board hearing on the matter.

That refusal left Tucker, despite his finding that the city's tax figure "was unsupported by any evidence," with no option but to dismiss the tax appeal on grounds that Lerner had waived his right to challenge the validity of the assessment. Her court is "constrained" to uphold Tucker's "reluctant" decision, Leavitt concluded.

Still, Leavitt wrote that Lerner's "challenges to the city's 'fictional' assessment may have merit; the city's strong-arm collection tactics may well lack authority in law."

Lerner's lawyer, Matthew J. Wolfe, who is representing him at no charge, said Friday that no decision had yet been made on whether to appeal the Commonwealth Court ruling to the state Supreme Court.

Wolfe, who called Lerner's tax plight "ludicrous," said there is a good chance such an appeal will be filed, however.

http://www.pennlive.com/midstate/index.ssf/2014/12/man_cant_challenge_280k_tax_bi.html

angelatc
12-14-2014, 01:31 PM
He claimed he didn't even own a business and subsisted primarily on Social Security.

IF I were that age and in that situation, my appeal might not be traditional.

Weston White
12-14-2014, 01:35 PM
Meanwhile, how about lodging a criminal complaint against Denise Reynolds and everybody else involved for willfully committing themselves to countless acts of mail fraud and possibly even racketeering?

donnay
12-14-2014, 01:44 PM
http://www.pennlive.com/midstate/index.ssf/2014/12/man_cant_challenge_280k_tax_bi.html

Cases like this really infuriate me! They obviously prey on elderly, because they are an easy target to steal their land. Kudos to his lawyer, Matthew J. Wolfe for taking this case Pro Bono. No one should pay property tax--NO ONE! :mad:

Acala
12-14-2014, 01:51 PM
This isn't a property tax case. Although I agree that nobody should pay property tax.

Anti Federalist
12-14-2014, 01:51 PM
It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood. - James Madison

donnay
12-14-2014, 01:55 PM
This isn't a property tax case. Although I agree that nobody should pay property tax.

I see that now...but they will wind up taking his property to remedy the bill.

oyarde
12-14-2014, 05:03 PM
//

ClydeCoulter
12-14-2014, 06:28 PM
"to hell, you say."

oyarde
12-14-2014, 09:09 PM
"to hell, you say."

Yep

oyarde
12-14-2014, 09:09 PM
IF I were that age and in that situation, my appeal might not be traditional.

My first thought as well .

TheTexan
12-14-2014, 10:23 PM
There's no evidence that suggests he owes $280,000 in taxes... but is there any evidence he doesn't owe $280,000 in taxes?!

This guy really should have thought this through before not not paying his back taxes.

Occam's Banana
12-14-2014, 10:54 PM
With undisguised reluctance, Commonwealth Court has issued an order requiring a Philadelphia man to pay a $280,772 tax bill that he probably doesn't really owe.

And so, the state judges determined, he's stuck with that unfounded tax tab.

[D]espite his finding that the city's tax figure "was unsupported by any evidence," [Tucker dismissed] the tax appeal on grounds that Lerner had waived his right to challenge the validity of the assessment. Her court is "constrained" to uphold Tucker's "reluctant" decision, Leavitt concluded.

http://i.imgur.com/7yrJNOx.png

TheTexan
12-14-2014, 11:13 PM
On the bright side, this should mean more money for Philadelphia to spend it on.. whatever it is they spend it on.

Weston White
12-15-2014, 05:13 AM
There's no evidence that suggests he owes $280,000 in taxes... but is there any evidence he doesn't owe $280,000 in taxes?!

1. The incriminating statements made by the state's own witnesses.
2. The finding that the stated figure was entirely fabricated as a ruse—this is exactly what happens when statist bureaucrats are left unchecked with decade after decade of mission creep.
3. The likelihood that the 'assessment' itself was improperly generated, i.e., lacking verification by managerial approval, only being issued by a lowly tax technician or accountant, or as a mere initializing assessment.
4. The plaintiff's own affirmative defense that he was never engaged in privileged business activities that he had been only living off SSA benefits—this would likely require that he provide his personal finances the court; also fully shifting the burden back onto the government.


According to court filings, Lerner made some legal missteps while trying to fight the tax battle on his own. The fatal one, the Commonwealth Court found, is that he didn't obey county Judge Leon W. Tucker's order to pay for a transcript of a city Tax Review Board hearing on the matter.

This is the exact problem with the modern system of governance, they always tell you to just follows their orders, go along with the unlawful arrest, or pay the amount they demand and then go redress your grievances in court to resolve the wrongs committed against you by your government; so you do, and on your own, because you cannot afford to pay an attorney $20,000 to do it for you (and that is just to goto trial), and you mess up on one or two minor details, be it misunderstanding a filing deadline, getting the font size and margins wrong, or failing to include transcripts, and your appeal is lost.

The court has equitability in effecting society’s good judgment; ergo, the courts are supposed to work to censure governmental malfeasance or ineptness not excuse it.

Czolgosz
12-15-2014, 05:18 AM
Object.

http://world.guns.ru/userfiles/images/assault/as01/ak47_1.jpg